Dismissed EB-2 NIW

EB-2 NIW Dismissed โ€” Business Management (2021): did not establish eligibility for the underlying EB-2

๐Ÿ“… 2021-03-21 ๐Ÿ‘ค Individual ๐Ÿ“‚ Business Management

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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. The AAO found the petitioner only satisfied one of the six regulatory criteria (licensing), which is fewer than the three required. Specifically, the AAO withdrew the Director's favorable finding on the academic record criterion, concluding the petitioner's real estate diploma did not relate to her claimed area of expertise in general and operations management.

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Criteria Discussed

8 C.F.R. ยง 204.5(K)(3)(Ii)(A) - Academic Record 8 C.F.R. ยง 204.5(K)(3)(Ii)(B) - 10 Years Of Experience 8 C.F.R. ยง 204.5(K)(3)(Ii)(C) - License Or Certification 8 C.F.R. ยง 204.5(K)(3)(Ii)(E) - Membership In Professional Associations 8 C.F.R. ยง 204.5(K)(3)(Ii)(F) - Recognition For Achievements
๐Ÿ“„ Original decision (USCIS PDF)

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