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EB-2 NIWData science and analyticsIndividualDecided October 2023Dismissed

Outcome: Dismissed

OCT262023_04B5203

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

Our summary

Data processing professional sought NIW claiming advanced degree or exceptional ability. AAO dismissed because petitioner lacked foreign equivalent of U.S. advanced degree or baccalaureate degree, failed to demonstrate five years progressive post-baccalaureate experience, and met only two of three exceptional ability criteria required.

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 discussedNot reached because petitioner failed to establish underlying EB-2 qualification; Dhanasar analysis reserved.
Well positionedNot reached / not discussedNot reached because underlying EB-2 qualification not established; decision reserved this issue.
Balance favors a waiverNot reached / not discussedNot reached because underlying EB-2 qualification not established; decision reserved this issue.

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

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