EB-2 NIW Dismissed โ Transportation (2023): did not establish the threshold eligibility for the EB-2
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Decision Summary
The appeal was dismissed because the petitioner failed to establish the threshold eligibility for the EB-2 classification as an individual of exceptional ability. While the petitioner met the minimum evidentiary requirements, the AAO agreed with the Director that the evidence in its totality did not demonstrate a degree of expertise significantly above that ordinarily encountered in the field. As the underlying classification was not met, the analysis for the national interest waiver was deemed unnecessary.
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