EB-2 NIWBusiness and managementIndividualDecided November 2024Dismissed
Outcome: Dismissed
NOV142024_01B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Chief executive officer and entrepreneur seeking EB-2 exceptional ability classification with national interest waiver. Claimed all six regulatory criteria for exceptional ability. AAO affirmed Director's denial because petitioner failed to satisfy any of the six criteria required for exceptional ability; without underlying EB-2 eligibility, NIW claim could not be reached.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Not reached because underlying EB-2 eligibility not established; national interest waiver claim reserved. |
 Well positioned | Not reached / not discussed | Not reached because underlying EB-2 eligibility not established; national interest waiver claim reserved. |
 Balance favors a waiver | Not reached / not discussed | Not reached because underlying EB-2 eligibility not established; national interest waiver claim reserved. |
A published decision describes one case. It is not legal advice and not a prediction for yours.