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EB-2 NIWOtherIndividualDecided November 2023Dismissed

Outcome: Dismissed

NOV212023_05B5203

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

Our summary

An automotive technician sought a national interest waiver with EB-2 exceptional ability classification. The AAO held that the academic record was only a general high school certificate unrelated to automotive technology, and that recommendation letters showed no significant recognition. With fewer than three criteria met, it reserved the waiver analysis and dismissed the appeal.

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 discussedDhanasar analysis reserved because the petitioner did not qualify for the underlying exceptional ability classification.
Well positionedNot reached / not discussedDhanasar analysis reserved because the petitioner did not qualify for the underlying exceptional ability classification.
Balance favors a waiverNot reached / not discussedDhanasar analysis reserved because the petitioner did not qualify for the underlying exceptional ability classification.

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

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