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EB-2 NIWArts, design, architectureIndividualDecided September 2024Dismissed

Outcome: Dismissed

SEP302024_12B5203

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

Our summary

A self-enrichment teacher and dance academy owner seeks EB-2 national interest waiver as individual of exceptional ability. AAO found petitioner met only one of six exceptional ability criteria: advanced degree. Petitioner failed to establish ten years full-time employment, professional certifications, professional associations, or expert recognition. Appeal dismissed because petitioner lacks underlying exceptional ability eligibility.

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 discussedNot reached; foundational issue of exceptional ability makes Dhanasar analysis unnecessary
Well positionedNot reached / not discussedNot reached; foundational issue of exceptional ability makes Dhanasar analysis unnecessary
Balance favors a waiverNot reached / not discussedNot reached; foundational issue of exceptional ability makes Dhanasar analysis unnecessary

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

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