EB-2 NIWComputer science and AIIndividualDecided December 2023Dismissed
Outcome: Dismissed
DEC042023_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Software developer entrepreneur seeking NIW. Claimed substantial merit and national importance of IT consulting business. AAO found endeavor substantially meritorious but lacked national importance because benefits would not extend beyond the business itself to broader field impact.
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 software developer entrepreneur endeavor lacks national importance; no broader implications beyond the specific business shown.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed software developer entrepreneur endeavor lacks national importance; no broader implications beyond the specific business shown. |
 Well positioned | Not reached / not discussed | First prong failed; second prong not reached per Bagamasbad doctrine. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong not reached per Bagamasbad doctrine. |
A published decision describes one case. It is not legal advice and not a prediction for yours.