Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Automotive Repair (2023): did not establish eligibility for the underlying EB-2
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Decision Summary
The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification as an individual of exceptional ability. Although the Director found the petitioner met three of the six regulatory criteria, the AAO agreed that the evidence in its totality did not demonstrate a degree of expertise significantly above that ordinarily encountered in the field. Since the petitioner did not qualify for the base EB-2 visa, his eligibility for the national interest waiver under the Dhanasar framework was not addressed.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Exceptional Ability Final Merits Determination Advanced Degree Professional Dhanasar Framework (Substantial Merit And National Importance) Dhanasar Framework (Well-Positioned To Advance) Dhanasar Framework (Balance Of Factors)
📄 Original decision (USCIS PDF)
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