EB-2 NIWSports and athleticsIndividualDecided November 2021Dismissed
Outcome: Dismissed
NOV302021_01B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An athlete seeking NIW claimed exceptional ability through criteria including ten years full-time experience and recognition. The AAO dismissed the appeal, finding he did not meet three of six regulatory criteria for exceptional ability, thus did not qualify for underlying EB-2 classification.
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 | Applicant failed to establish underlying EB-2 qualification; NIW analysis not reached |
 Well positioned | Not reached / not discussed | Applicant failed to establish underlying EB-2 qualification; NIW analysis not reached |
 Balance favors a waiver | Not reached / not discussed | Applicant failed to establish underlying EB-2 qualification; NIW analysis not reached |
A published decision describes one case. It is not legal advice and not a prediction for yours.