EB-2 NIWComputer science and AIIndividualDecided September 2021Dismissed
Outcome: Dismissed
SEP212021_02B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Petitioner sought classification as advanced degree professional or individual of exceptional ability plus NIW. AAO dismissed appeal because petitioner failed to establish underlying EB-2 eligibility; did not meet criteria for exceptional ability, and NIW analysis therefore 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 | NIW analysis not reached; petitioner failed to establish EB-2 eligibility first |
 Well positioned | Not reached / not discussed | NIW analysis not reached; petitioner failed to establish EB-2 eligibility first |
 Balance favors a waiver | Not reached / not discussed | NIW analysis not reached; petitioner failed to establish EB-2 eligibility first |
A published decision describes one case. It is not legal advice and not a prediction for yours.