dismissed EB-2 NIW Case: Civil Service
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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 that the petitioner did not meet the required three evidentiary criteria, specifically determining that his salary was not indicative of exceptional ability in his field but rather was based on a standardized institutional pay scale. Since the petitioner did not qualify for the EB-2 classification, the AAO did not need to address the national interest waiver requirements.
Criteria Discussed
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