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EB-2 NIWSports and athleticsIndividualDecided September 2024Dismissed

Outcome: Dismissed

SEP032024_03B5203

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

Our summary

Entrepreneur and jiu-jitsu instructor sought NIW as exceptional ability professional. AAO found petitioner met only two of six exceptional ability criteria, failing underlying EB-2 qualification. Because ineligible for EB-2, NIW analysis not reached. Appeal dismissed.

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 discussedPetitioner ineligible for underlying EB-2 classification; NIW prongs not reached.
Well positionedNot reached / not discussedPetitioner ineligible for underlying EB-2 classification; NIW prongs not reached.
Balance favors a waiverNot reached / not discussedPetitioner ineligible for underlying EB-2 classification; NIW prongs not reached.

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

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