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EB-2 NIWEntrepreneurshipIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP142023_01B5203

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

Our summary

An entrepreneur proposing to establish an HVAC company sought EB-2 exceptional ability classification with a national interest waiver. The Director denied him for failing to qualify as an exceptional ability professional and did not analyze the Dhanasar framework. The AAO dismissed, finding he did not meet the evidentiary threshold for exceptional ability and thus could not qualify for the underlying EB-2 classification, making Dhanasar analysis unnecessary.

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 discussedPetitioner not eligible for underlying EB-2 classification; AAO reserved Dhanasar analysis and did not reach it.
Well positionedNot reached / not discussedPetitioner not eligible for underlying EB-2 classification; AAO reserved Dhanasar analysis and did not reach it.
Balance favors a waiverNot reached / not discussedPetitioner not eligible for underlying EB-2 classification; AAO reserved Dhanasar analysis and did not reach it.

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

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