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EB-2 NIWComputer science and AIIndividualDecided September 2024Dismissed

Outcome: Dismissed

SEP042024_06B5203

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

Our summary

Software and game developer seeking NIW and EB-2 as individual of exceptional ability. Petitioner claimed four exceptional ability criteria but AAO found only two met by director; on appeal petitioner could not establish three required criteria. Appeal dismissed on underlying EB-2 ineligibility without reaching NIW 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 because underlying EB-2 qualification not established; petitioner ineligible for NIW before Dhanasar analysis.
Well positionedNot reached / not discussedNot reached because underlying EB-2 qualification not established; petitioner ineligible for NIW before Dhanasar analysis.
Balance favors a waiverNot reached / not discussedNot reached because underlying EB-2 qualification not established; petitioner ineligible for NIW before Dhanasar analysis.

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

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