Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Substance Abuse Rehabilitation (2024): did not establish eligibility for the underlying EB-2 visa
Filing your own EB-2 NIW? See how your CV maps to the criteria this decision turned on — free strategy preview.
Decision Summary
The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 visa classification at the time of filing. The petitioner did not possess an advanced degree and admitted to not having the required five years of progressive, post-baccalaureate experience when the petition was filed. The AAO rejected the argument for an exception, affirming that all eligibility requirements must be met on the filing date.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Advanced Degree Professional Bachelor'S Degree Plus Five Years Progressive Experience Substantial Merit And National Importance Well-Positioned To Advance Proposed Endeavor Balance Of Factors For Waiver
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Filing your own EB-2 NIW? Learn from this denial.
Upload your CV and see how your profile maps to the criteria the AAO flagged here — free strategy preview, no credit card.
Map Your CV to These Criteria →No credit card required.