Outcome: Dismissed
SEP132022_02B5203
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
| Criterion | Reading | Why |
|---|---|---|
| Not reached / not discussed | Claimed but not analyzed; decision focused on exceptional ability criteria under EB-2 regulatory pathway rather than Dhanasar NIW framework | |
| Not reached / not discussed | Claimed but not analyzed; decision reserved opinion on Dhanasar criteria | |
| Not reached / not discussed | Claimed 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.
