EB-2 NIW Dismissed — Hvac (2024): 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 AAO found the petitioner did not provide sufficient evidence to satisfy at least three of the six regulatory criteria, specifically failing to demonstrate they held a required license or certification, or had commanded a salary indicative of exceptional ability. Since the petitioner did not meet the basic requirements for the EB-2 category, their eligibility for a National Interest Waiver was not further considered.
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