EB-2 NIWOtherIndividualDecided October 2024Dismissed
Outcome: Dismissed
OCT252024_05B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A petitioner sought EB-2 exceptional ability classification with a national interest waiver. The AAO dismissed the appeal because the required employee-specific labor certification sections were not submitted and the petitioner did not contest the director's finding on the underlying EB-2 classification, so the waiver arguments were not reached.
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 |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Not reached; petition unapprovable on other grounds, so appellate arguments on the waiver were reserved. |
 Well positioned | Not reached / not discussed | Not reached because the petition failed on the EB-2 qualification and missing labor certification sections. |
 Balance favors a waiver | Not reached / not discussed | Not reached because the petition failed on the EB-2 qualification and missing labor certification sections. |
A published decision describes one case. It is not legal advice and not a prediction for yours.