EB-2 NIWComputer science and AIIndividualDecided August 2024Dismissed
Outcome: Dismissed
AUG012024_02B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A cybersecurity consultant sought EB-2 exceptional ability classification with a national interest waiver. The AAO agreed with the Director that, despite satisfying initial criteria, certifications and professional membership did not show expertise significantly above the norm. Because the underlying classification failed, the Dhanasar waiver analysis was not reached.
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
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Claimed on appeal but not reached because the petitioner failed the underlying exceptional ability classification. |
 Well positioned | Not reached / not discussed | Not reached since the threshold EB-2 classification was not established. |
 Balance favors a waiver | Not reached / not discussed | Not reached since the threshold EB-2 classification was not established. |
A published decision describes one case. It is not legal advice and not a prediction for yours.