EB-2 NIWBusiness and managementIndividualDecided November 2023Dismissed
Outcome: Dismissed
NOV202023_06B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An operations manager sought EB-2 classification with national interest waiver as either advanced degree professional or person of exceptional ability. The AAO dismissed the appeal because the petitioner abandoned the threshold issue of qualifying for the underlying EB-2 classification, declining to reach the Dhanasar framework.
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 | Claimed but not analyzed; petitioner did not establish eligibility for underlying EB-2 classification. |
 Well positioned | Not reached / not discussed | Not addressed; underlying classification eligibility was threshold issue. |
 Balance favors a waiver | Not reached / not discussed | Not addressed; underlying classification eligibility was threshold issue. |
A published decision describes one case. It is not legal advice and not a prediction for yours.