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EB-2 NIWElectrical and electronic engineeringEmployerDecided September 2023Dismissed

Outcome: Dismissed

SEP182023_06B5203

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

Our summary

A plastic packaging manufacturer petitioned for a beneficiary seeking EB-2 NIW classification as an advanced degree professional or individual of exceptional ability. The AAO upheld the denial, finding the beneficiary lacked five years progressive post-baccalaureate experience for advanced degree status and failed to meet at least three criteria for exceptional ability. NIW was moot.

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 discussedNot reached because beneficiary lacked underlying EB-2 eligibility
Well positionedNot reached / not discussedNot reached because beneficiary lacked underlying EB-2 eligibility
Balance favors a waiverNot reached / not discussedNot reached because beneficiary lacked underlying EB-2 eligibility

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

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