Outcome: Dismissed
SEP142023_01B5203
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
| Criterion | Reading | Why |
|---|---|---|
| Not reached / not discussed | Petitioner not eligible for underlying EB-2 classification; AAO reserved Dhanasar analysis and did not reach it. | |
| Not reached / not discussed | Petitioner not eligible for underlying EB-2 classification; AAO reserved Dhanasar analysis and did not reach it. | |
| Not reached / not discussed | Petitioner 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.
