Outcome: Dismissed
SEP202023_04B5203
Our summary
Transportation chief executive seeks EB-2 NIW claiming exceptional ability and national interest. AAO held petitioner failed to establish exceptional ability degree of expertise significantly above ordinary; meeting three criteria insufficient without demonstrating final merits; national importance prong not analyzed due to threshold failure.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Well positioned · Director acknowledged petitioner is well positioned to advance proposed endeavor.
What was missing
- Merit and national importance · Transportation sector executive role fails to demonstrate national importance; evidence does not establish endeavor impacts field or national economy beyond employer.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Not met | Transportation sector executive role fails to demonstrate national importance; evidence does not establish endeavor impacts field or national economy beyond employer. | |
| Met | Director acknowledged petitioner is well positioned to advance proposed endeavor. | |
| Not reached / not discussed | Not reached because petitioner fails underlying EB-2 exceptional ability threshold. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
