dismissed EB-2 NIW Case: Food Retail Industry
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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 did not articulate how the submitted evidence met any of the specific regulatory criteria, thus failing to meet the initial requirement of satisfying at least three criteria. Because the petitioner did not qualify for the EB-2 classification, the AAO did not proceed to analyze the national interest waiver criteria.
Criteria Discussed
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