EB-2 NIWArts, design, architectureIndividualDecided September 2024Dismissed
Outcome: Dismissed
SEP302024_15B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A music teacher and entrepreneur seeking EB-2 classification as exceptional ability individual and national interest waiver for a music retail, education, and therapy business. The AAO dismissed the appeal, finding the petitioner failed to establish exceptional ability and that the proposed endeavor lacks national importance under Dhanasar's first prong.
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
- Merit and national importance · Director found substantial merit but Petitioner failed to establish national importance of proposed music retail and instruction business
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Director found substantial merit but Petitioner failed to establish national importance of proposed music retail and instruction business |
 Well positioned | Not reached / not discussed | Second prong not reached because first prong failure is dispositive |
 Balance favors a waiver | Not reached / not discussed | Third prong not reached because first prong failure is dispositive |
A published decision describes one case. It is not legal advice and not a prediction for yours.