EB-2 NIWSoftware engineeringIndividualDecided December 2024Dismissed
Outcome: Dismissed
DEC032024_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Software developer sought NIW for self-proposed endeavor in software optimization and later cryptocurrency/robo-advisor services. AAO dismissed appeal because proposed endeavor lacks national importance; material changes to scope were not properly established; and petitioner lacked expertise in modified areas.
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 lacks national importance; changes to include cryptocurrency and robo-advisors constitute material modification; no demonstration of broader field implications or significant economic effects.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacks national importance; changes to include cryptocurrency and robo-advisors constitute material modification; no demonstration of broader field implications or significant economic effects. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; decision notes lack of expertise in cryptocurrency area. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; dispositive issue. |
A published decision describes one case. It is not legal advice and not a prediction for yours.