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EB-2 NIWBusiness and managementIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP072023_04B5203

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

Our summary

Construction entrepreneur and manager sought NIW under EB-2 advanced degree or exceptional ability. Failed to meet three of six evidentiary criteria for exceptional ability; ineligible for underlying EB-2 classification; NIW eligibility 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

CriterionReadingWhy
Merit and national importanceNot reached / not discussedUnderlying EB-2 eligibility not established; NIW prongs not reached per Dhanasar framework.
Well positionedNot reached / not discussedUnderlying EB-2 eligibility not established; NIW prongs not reached per Dhanasar framework.
Balance favors a waiverNot reached / not discussedUnderlying EB-2 eligibility not established; NIW prongs not reached per Dhanasar framework.

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

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