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EB-2 NIWComputer science and AIIndividualDecided August 2021Dismissed

Outcome: Dismissed

AUG022021_01B5203

Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

IT project manager sought NIW based on EB-2 advanced degree. AAO found she qualified for underlying EB-2 but dismissed NIW appeal because her proposed IT consulting and research tool development lacked evidence of national importance or broader field impact beyond her employers and clients.

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 · Proposed IT consulting and tool development lacked evidence of broader field impact, proprietary technology, job creation, or meaningful contribution to addressing IT professional shortages.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed IT consulting and tool development lacked evidence of broader field impact, proprietary technology, job creation, or meaningful contribution to addressing IT professional shortages.
Well positionedNot reached / not discussedFirst prong failed; no analysis of positioning because national importance was not established.
Balance favors a waiverNot reached / not discussedFirst prong failed; no analysis of waiver balance because national importance was not established.

A published decision describes one case. It is not legal advice and not a prediction for yours.

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