Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Information Technology (2024): did not establish eligibility for the underlying EB-2
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Decision Summary
The appeal was dismissed because the petitioner did not establish eligibility for the underlying EB-2 classification based on exceptional ability. The AAO conducted a de novo review and concluded that the petitioner failed to meet the required minimum of three evidentiary criteria, contrary to the Director's initial finding. As the petitioner did not qualify for the EB-2 classification, the analysis did not proceed to the national interest waiver prongs.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
8 C.F.R. § 204.5(K)(3)(Ii)(A) - Academic Record 8 C.F.R. § 204.5(K)(3)(Ii)(B) - 10 Years Experience 8 C.F.R. § 204.5(K)(3)(Ii)(C) - License Or Certification 8 C.F.R. § 204.5(K)(3)(Ii)(E) - Membership In Professional Associations Matter Of Dhanasar Framework
📄 Original decision (USCIS PDF)
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