Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Music (2001): the petitioner's counsel improperly argued on appeal that
Filing your own EB-2 NIW? See how your CV maps to the criteria this decision turned on — free strategy preview.
Decision Summary
The appeal was dismissed because the petitioner's counsel improperly argued on appeal that eligibility for Schedule A, Group II designation equates to meeting the national interest waiver standard, which the AAO clarified are two different legal inquiries. The AAO also noted that Schedule A petitions must be filed by an employer, whereas this was a self-petition, and that the petitioner had not established the underlying eligibility as an alien of exceptional ability.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Exceptional Ability National Interest Waiver Schedule A, Group Ii
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Filing your own EB-2 NIW? Learn from this denial.
Upload your CV and see how your profile maps to the criteria the AAO flagged here — free strategy preview, no credit card.
Map Your CV to These Criteria →No credit card required.