EB-2 NIWComputer science and AIIndividualDecided August 2024Dismissed
Outcome: Dismissed
AUG192024_03B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
IT service business owner from Brazil seeks EB-2 NIW. Claimed advanced degree status and entrepreneur importance in IT sector establish national importance and capacity to advance venture. AAO dismissed on first two prongs: proposed endeavor lacks prospective impact at national level; petitioner lacks sufficient customer interest or demonstrated progress establishing U.S. operations.
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 endeavor has substantial merit but lacks national importance; fails to demonstrate impact beyond prospective clients and employees.
- Well positioned · Insufficient interest from potential customers, investors, or users; lacks evidence of success in similar business or progress establishing U.S. company.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor has substantial merit but lacks national importance; fails to demonstrate impact beyond prospective clients and employees. |
 Well positioned | Not met | Insufficient interest from potential customers, investors, or users; lacks evidence of success in similar business or progress establishing U.S. company. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first and second prongs failed; further analysis deemed unnecessary. |
A published decision describes one case. It is not legal advice and not a prediction for yours.