The decision does not describe the petitioner's specific proposed endeavor beyond identifying her as an architect seeking EB-2 classification with a national interest waiver.

Prong 2 — well positionednot established · dispositive

“the Petitioner presents the same arguments and evidence she offered before the Director without alleging any erroneous conclusion of law or fact”

“the Petitioner would not prevail on appeal within a merits analysis because they have waived a dispositive issue; the second prong of the Dhanasar analysis”

AAO decision text

Where this case turned

• NEW appeal issue abandoned · p2

Notable

The primary and dispositive basis for dismissal was procedural: the AAO found the appellate Form I-290B and Form G-28 bore an electronically duplicated (non-original) signature image, rendering the appeal improperly filed under 8 C.F.R. 103.2(a)(7)(ii)(A) and 292.4(a). As an independent alternative basis, the AAO found that even reaching the merits, the petitioner had abandoned/waived the Dhanasar prong 2 issue on appeal by merely repeating arguments made before the Director without identifying any factual or legal error, invoking issue-preclusion and waiver doctrine from federal circuit case law rather than substantively re-weighing the prong 2 evidence.

Cases in adjacent profiles

• The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
• The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
• The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
• The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
• The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp