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EB-2 NIWBusiness and managementIndividualDecided October 2023Dismissed

Outcome: Dismissed

OCT102023_05B5203

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

Our summary

A tourism and hospitality manager sought EB-2 exceptional ability classification and national interest waiver. The AAO found his educational credentials insufficient for advanced degree professional status and he met only one exceptional ability criterion. The appeal was dismissed without reaching the Dhanasar framework.

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 discussedDid not reach Dhanasar analysis because underlying EB-2 eligibility not established
Well positionedNot reached / not discussedDid not reach Dhanasar second prong because first prong failed
Balance favors a waiverNot reached / not discussedDid not reach Dhanasar third prong because first prong failed

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

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