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EB-2 NIWOtherIndividualDecided November 2023Dismissed

Outcome: Dismissed

NOV272023_04B5203

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

Our summary

Self-petitioner HVAC technician seeks national interest waiver claiming advanced degree or exceptional ability status. AAO held petitioner failed to establish EB-2 eligibility; did not meet advanced degree requirements and failed exceptional ability criteria, thus ineligible for NIW and reserved Dhanasar analysis.

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

CriterionReadingWhy
Merit and national importanceNot reached / not discussedNot reached because petitioner failed to establish EB-2 eligibility as prerequisite to NIW; decision reserved Dhanasar analysis
Well positionedNot reached / not discussedNot reached because petitioner lacked EB-2 eligibility; decision reserved this issue
Balance favors a waiverNot reached / not discussedNot reached because petitioner lacked EB-2 eligibility; decision reserved this issue

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

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