EB-2 NIW Dismissed โ Music: did not establish qualification as an alien of exceptional
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Decision Summary
The appeal was dismissed because the petitioner failed to establish qualification as an alien of exceptional ability, which is a prerequisite for a national interest waiver. The petitioner's counsel consistently and incorrectly argued the case using the criteria for 'extraordinary ability' instead of the required 'exceptional ability' standards. Because the petitioner did not meet the underlying visa classification requirements, the national interest waiver claim was considered moot.
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