EB-2 NIWComputer science and AIIndividualDecided August 2023Dismissed
Outcome: Dismissed
AUG112023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An IT consultant with an advanced degree sought EB-2 and NIW. The Director approved the underlying advanced degree classification but denied the waiver. The AAO dismissed the appeal, finding the petitioner's proposed IT consulting business lacked evidence of national importance under the first Dhanasar prong.
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 · Petitioner's IT consulting business lacked evidence of substantial U.S. economic impact, job creation, or broad implications rising to national importance.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner's IT consulting business lacked evidence of substantial U.S. economic impact, job creation, or broad implications rising to national importance. |
 Well positioned | Not reached / not discussed | First prong failed; second Dhanasar prong reserved as unnecessary. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third Dhanasar prong reserved as unnecessary. |
A published decision describes one case. It is not legal advice and not a prediction for yours.