EB-2 NIWOtherIndividualDecided September 2023Dismissed
Outcome: Dismissed
SEP112023_06B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Airline pilot seeking EB-2 advanced degree or exceptional ability with national interest waiver. AAO affirmed dismissal on appeal and motion decisions because petitioner failed to establish national importance prong despite Director finding substantial merit. Second and third Dhanasar prongs not analyzed.
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
- Merit and national importance · Airline pilot failed to establish national importance of proposed endeavor despite substantial merit claim
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Airline pilot failed to establish national importance of proposed endeavor despite substantial merit claim |
 Well positioned | Not reached / not discussed | First prong failure dispositive; second prong not reached per Bagamasbad |
 Balance favors a waiver | Not reached / not discussed | First prong failure dispositive; third prong not reached per Bagamasbad |
A published decision describes one case. It is not legal advice and not a prediction for yours.