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EB-2 NIWEntrepreneurshipIndividualDecided September 2024Dismissed

Outcome: Dismissed

SEP022024_01B5203

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

Our summary

A technology entrepreneur seeking EB-2 exceptional ability classification with NIW claimed three criteria for exceptional ability. AAO held petitioner failed to meet three criteria required for exceptional ability; therefore ineligible for EB-2 and NIW reserved; appeal dismissed without reaching Dhanasar 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

CriterionReadingWhy
Merit and national importanceNot reached / not discussedNot reached; petitioner failed to establish EB-2 exceptional ability status, which is prerequisite to NIW analysis.
Well positionedNot reached / not discussedNot reached; petitioner failed to establish EB-2 exceptional ability status, which is prerequisite to NIW analysis.
Balance favors a waiverNot reached / not discussedNot reached; petitioner failed to establish EB-2 exceptional ability status, which is prerequisite to NIW analysis.

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

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