EB-2 NIWSports and athleticsIndividualDecided September 2021Dismissed
Outcome: Dismissed
SEP202021_07B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Athlete sought NIW for EB-2 as exceptional ability professional. Petitioner claimed national team membership, awards, and competition history. AAO dismissed because petitioner failed to meet underlying EB-2 eligibility criteria (did not satisfy three of six exceptional ability criteria). Dhanasar prongs reserved as analysis unnecessary without qualifying basis.
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 to establish exceptional ability or advanced degree; NIW prongs reserved; first prong not analyzed because underlying EB-2 eligibility not met |
 Well positioned | Not reached / not discussed | Petitioner failed to establish exceptional ability or advanced degree; NIW prongs reserved; second prong not analyzed |
 Balance favors a waiver | Not reached / not discussed | Petitioner failed to establish exceptional ability or advanced degree; NIW prongs reserved; third prong not analyzed |
A published decision describes one case. It is not legal advice and not a prediction for yours.