Outcome: Dismissed
SEP132023_05B5203
Our summary
An accountant seeking EB-2 exceptional ability classification and national interest waiver. AAO dismissed the appeal because petitioner satisfied only two of six required evidentiary criteria for exceptional ability, making her ineligible for underlying EB-2 classification and therefore ineligible for a waiver.
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 | Petitioner failed underlying EB-2 qualification; Dhanasar waiver eligibility not reached as dispositive issue. | |
| Not reached / not discussed | Petitioner ineligible for underlying EB-2; Dhanasar prongs reserved. | |
| Not reached / not discussed | Petitioner ineligible for underlying EB-2; Dhanasar prongs reserved. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
