EB-2 NIW Dismissed โ Construction (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. The petitioner abandoned the claim of qualifying as an advanced degree professional on appeal and did not prove they met the minimum of three criteria for exceptional ability. Specifically, the AAO found the petitioner's degree in computer studies was not related to their claimed area of exceptional ability in construction and business management.
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