dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Music
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.
Criteria Discussed
Exceptional Ability National Interest Waiver Schedule A, Group Ii
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