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EB-2 NIWBusiness and managementIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP212023_05B5203

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

Our summary

General manager and entrepreneur seeks exceptional ability EB-2 with NIW. AAO affirmed denial because petitioner satisfied only one of six exceptional ability criteria required. Without underlying EB-2 eligibility, NIW analysis was 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

CriterionReadingWhy
Merit and national importanceNot reached / not discussedNIW analysis not reached because petitioner failed to establish underlying EB-2 exceptional ability eligibility
Well positionedNot reached / not discussedNIW analysis not reached because petitioner failed to establish underlying EB-2 exceptional ability eligibility
Balance favors a waiverNot reached / not discussedNIW analysis not reached because petitioner failed to establish underlying EB-2 exceptional ability eligibility

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

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