dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Software Development
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Decision Summary
The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 visa classification as an individual of exceptional ability. The AAO agreed with the Director that the petitioner did not meet the requisite three of the six evidentiary criteria. As the petitioner did not demonstrate the initial eligibility for the classification, he was consequently also ineligible for a national interest waiver.
Criteria Discussed
Exceptional Ability: Degree, Diploma, Or Certificate Exceptional Ability: Membership In Professional Associations Niw: Substantial Merit And National Importance Niw: Well Positioned To Advance The Endeavor Niw: Benefit To The U.S. To Waive Job Offer
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