EB-2 Dismissed — Market Research Analysis: did not establish the beneficiary qualifies as an alien of

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary qualifies as an alien of exceptional ability. The director initially denied the petition because the petitioner did not show the beneficiary was eligible, that she met the job certification requirements, or that the petitioner could pay the proffered wage. The AAO found that the petitioner created confusion by listing two different occupations on the labor certification and ultimately failed to demonstrate the beneficiary met the specific regulatory criteria for exceptional ability in the primary role of market research analyst.

Criteria Discussed

Sign up free to download the original PDF