EB-2 NIW Dismissed โ Music (2023): did not establish the prerequisite eligibility for the EB-2
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Decision Summary
The appeal was dismissed because the petitioner failed to establish the prerequisite eligibility for the EB-2 classification, either as a professional with an advanced degree or as an individual of exceptional ability. The petitioner provided no evidence of a degree, and on appeal, failed to prove he met the criteria for exceptional ability, such as holding a professional license. Because the petitioner did not qualify for the underlying visa category, the national interest waiver could not be granted.
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