dismissed EB-2 NIW Case: Law Enforcement
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Decision Summary
The appeal was dismissed because the petitioner did not establish eligibility for the EB-2 classification as an individual of exceptional ability. The AAO withdrew the Director's finding on the ten years of experience criterion, stating the evidence did not prove the employment was full-time or describe the duties performed. Furthermore, the petitioner failed to establish that his salary demonstrated exceptional ability, as his base pay was only slightly above average and not clearly tied to ability over other factors.
Criteria Discussed
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