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EB-2 NIWEducation and academiaIndividualDecided November 2022Dismissed

Outcome: Dismissed

NOV182022_01B5203

Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

A mathematics teacher sought EB-2 classification with a national interest waiver. The petition was first approved, then revoked by the Director. The AAO dismissed the appeal because the record did not show an advanced degree equivalent or five years of progressive experience, and it reserved the Dhanasar prongs.

Official PDF

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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

CriterionReadingWhy
Merit and national importanceNot reached / not discussedClaimed but not analyzed; opinion on the Dhanasar prongs expressly reserved after the advanced degree finding failed.
Well positionedNot reached / not discussedNot reached because the petitioner did not qualify for the underlying EB-2 classification.
Balance favors a waiverNot reached / not discussedNot reached because the petitioner did not qualify for the underlying EB-2 classification.

A published decision describes one case. It is not legal advice and not a prediction for yours.

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