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EB-2 NIWFinance and economicsIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP282023_08B5203

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

Our summary

A financial analyst sought EB-2 classification with national interest waiver. The AAO found she did not qualify as an advanced degree professional or individual of exceptional ability, lacking required work experience and failing to meet three evidentiary criteria. The appeal was dismissed without reaching the Dhanasar framework's second and third prongs.

Official PDF

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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

  • Merit and national importance · Petitioner did not establish endeavor has national importance; worker shortage alone insufficient to support waiver claim.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner did not establish endeavor has national importance; worker shortage alone insufficient to support waiver claim.
Well positionedNot reached / not discussedFirst prong failed; decision reserved judgment on remaining Dhanasar prongs per Bagamasbad.
Balance favors a waiverNot reached / not discussedFirst prong failed; decision reserved judgment on remaining Dhanasar prongs per Bagamasbad.

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

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