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EB-2 NIWFinance and economicsIndividualDecided October 2022Dismissed

Outcome: Dismissed

OCT132022_02B5203

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

Our summary

A financial manager self-petitioner sought EB-2 classification with national interest waiver. The Director found substantial merit and national importance but denied overall. The AAO dismissed the appeal, finding the petitioner failed to establish either advanced degree professional or exceptional ability status, making the underlying EB-2 classification prerequisite unmet.

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 discussedFirst prong found met by Director; AAO did not reach NIW analysis due to failure on underlying EB-2 eligibility
Well positionedNot reached / not discussedNot reached because petitioner failed underlying EB-2 classification requirement
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed underlying EB-2 classification requirement

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

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