Outcome: Dismissed
OCT082025_03B5203
Our summary
A Ph.D. software engineering student sought EB-2 classification with a national interest waiver. The petitioner claimed three exceptional ability criteria. The AAO found the petitioner met one criterion but withdrew a prior favorable determination on professional membership, leaving the petitioner unable to satisfy all three claimed criteria. Appeal dismissed without reaching the national interest waiver 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
| Criterion | Reading | Why |
|---|---|---|
| Not reached / not discussed | Petitioner did not qualify for EB-2 exceptional ability; national interest waiver eligibility therefore not reached | |
| Not reached / not discussed | Petitioner did not qualify for EB-2 exceptional ability; national interest waiver eligibility therefore not reached | |
| Not reached / not discussed | Petitioner did not qualify for EB-2 exceptional ability; national interest waiver eligibility therefore not reached |
A published decision describes one case. It is not legal advice and not a prediction for yours.
