Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Photography (2023): did not establish eligibility for the underlying EB-2
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Decision Summary
The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification as an individual of exceptional ability. The AAO found that the petitioner only met one of the required evidentiary criteria and provided conflicting information regarding their ten years of full-time experience, particularly how it was managed alongside a full-time military career. Since the petitioner was not found to be categorically eligible for the EB-2 classification, the national interest waiver could not be considered.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Exceptional Ability 8 C.F.R. § 204.5(K)(3)(Ii)(A) - Academic Record 8 C.F.R. § 204.5(K)(3)(Ii)(B) - Ten Years Of Full-Time Experience 8 C.F.R. § 204.5(K)(3)(Ii)(C) - License To Practice 8 C.F.R. § 204.5(K)(3)(Ii)(E) - Membership In Professional Associations 8 C.F.R. § 204.5(K)(3)(Ii)(F) - Recognition For Achievements Matter Of Dhanasar Framework
📄 Original decision (USCIS PDF)
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