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EB-2 NIWOtherEmployerDecided October 2023Dismissed

Outcome: Dismissed

OCT052023_05B5203

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

Our summary

A karting distributor petitioned for EB-2 classification with national interest waiver for a beneficiary. The AAO dismissed the appeal because the beneficiary did not meet at least three of six exceptional ability criteria, making the national interest waiver issue moot.

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 discussedBeneficiary did not qualify for EB-2 exceptional ability; national interest waiver issue rendered moot.
Well positionedNot reached / not discussedBeneficiary did not qualify for EB-2 exceptional ability; national interest waiver issue rendered moot.
Balance favors a waiverNot reached / not discussedBeneficiary did not qualify for EB-2 exceptional ability; national interest waiver issue rendered moot.

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

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