EB-2 NIWBusiness and managementEmployerDecided September 2021Dismissed
Outcome: Dismissed
SEP202021_03B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Petitioner sought EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO found petitioner lacked required foreign equivalent of U.S. baccalaureate degree (combination of experience and coursework insufficient). Under exceptional ability, official academic record lacking. Threshold requirements unmet; waiver analysis not reached.
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 |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Petitioner failed threshold test; did not qualify as advanced degree professional or individual of exceptional ability; national interest waiver analysis not reached. |
 Well positioned | Not reached / not discussed | First prong failed; further analysis not performed as petitioner ineligible at threshold. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; further analysis not performed as petitioner ineligible at threshold. |
A published decision describes one case. It is not legal advice and not a prediction for yours.