EB-2 NIWComputer science and AIIndividualDecided April 2023Dismissed
Outcome: Dismissed
APR262023_04B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A system engineer self-petitioning for NIW sought waiver of job offer for EB-2 classification. She proposed owning and operating a technology education company. AAO dismissed the appeal, finding her proposed endeavor lacked demonstrated national importance because the business plan contained only vague assertions without evidence of prospective impact beyond prospective students, significant employment potential, or substantial economic effects.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Merit and national importance · Director found substantial merit but not national importance; AAO affirmed finding that specific proposed tech-education company lacks demonstrated national importance or prospective impact beyond prospective students
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Director found substantial merit but not national importance; AAO affirmed finding that specific proposed tech-education company lacks demonstrated national importance or prospective impact beyond prospective students |
 Well positioned | Not reached / not discussed | First prong failed; further analysis unnecessary under Dhanasar framework |
 Balance favors a waiver | Not reached / not discussed | First prong failed; further analysis unnecessary under Dhanasar framework |
A published decision describes one case. It is not legal advice and not a prediction for yours.