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EB-2 NIWBusiness and managementIndividualDecided October 2023Dismissed

Outcome: Dismissed

OCT042023_02B5203

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

Our summary

Cosmetics industry entrepreneur sought EB-2 exceptional ability classification with NIW. AAO dismissed appeal after finding petitioner met only one of six required criteria. Without meeting three criteria for exceptional ability, petitioner could not establish NIW eligibility; Dhanasar prongs not analyzed.

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 underlying EB-2 exceptional ability qualification
Well positionedNot reached / not discussedNot reached because petitioner failed underlying EB-2 exceptional ability qualification
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed underlying EB-2 exceptional ability qualification

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

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