EB-2 NIW Dismissed — Real Estate Development (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 based on exceptional ability. The AAO concluded that the petitioner did not meet at least three of the six regulatory criteria, finding the evidence submitted to demonstrate a high salary was insufficient as it lacked the necessary context to show the petitioner's earnings were indicative of ability significantly above that ordinarily encountered. Because the petitioner did not qualify for the EB-2 visa, the request for a national interest waiver was not considered.
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