EB-2 NIWBusiness and managementIndividualDecided November 2023Dismissed
Outcome: Dismissed
NOV162023_03B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Security consultant and business owner sought EB-2 exceptional ability with national interest waiver. AAO affirmed denial because petitioner met only one of six regulatory criteria for exceptional ability. Dhanasar analysis not addressed as petitioner failed to establish underlying EB-2 eligibility requirement.
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 petitioner failed underlying EB-2 eligibility |
 Well positioned | Not reached / not discussed | Not reached because petitioner failed underlying EB-2 eligibility |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed underlying EB-2 eligibility |
A published decision describes one case. It is not legal advice and not a prediction for yours.