Skip to content
Merito
← Back to results
EB-2 NIWEnergy and climateIndividualDecided September 2022Dismissed

Outcome: Dismissed

SEP132022_02B5203

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

Our summary

Drill operator sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner failed to satisfy three of six exceptional ability criteria under 8 C.F.R. § 204.5(k)(3)(ii); decision reserved opinion on Dhanasar NIW 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 discussedClaimed but not analyzed; decision focused on exceptional ability criteria under EB-2 regulatory pathway rather than Dhanasar NIW framework
Well positionedNot reached / not discussedClaimed but not analyzed; decision reserved opinion on Dhanasar criteria
Balance favors a waiverNot reached / not discussedClaimed but not analyzed; decision reserved opinion on Dhanasar criteria

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

Similar decisions

Decisions whose text is closest to this one.