dismissed EB-2 NIW Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 immigrant classification as an individual of exceptional ability. The AAO found the petitioner did not meet the required three regulatory criteria, specifically failing on the 'license to practice' and 'recognition for achievements and significant contributions' prongs. Because the petitioner was not eligible for the base classification, the AAO declined to analyze the national interest waiver arguments.
Criteria Discussed
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