EB-2 NIWComputer science and AIIndividualDecided December 2025Dismissed
Outcome: Dismissed
DEC122025_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A software developer and entrepreneur with a Ukrainian master's degree sought EB-2 NIW classification for an all-in-one technology agency serving startups and small businesses. The AAO affirmed denial, finding the endeavor had substantial merit but lacked national importance as the petitioner failed to demonstrate broader implications or significant economic effects without supporting evidence.
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 · Endeavor established substantial merit but lacked national importance; merely operating in important field and providing IT services insufficient without demonstrating broader field or economic implications.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Endeavor established substantial merit but lacked national importance; merely operating in important field and providing IT services insufficient without demonstrating broader field or economic implications. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; decision reserved analysis as dispositive issue was decided. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; decision reserved analysis. |
A published decision describes one case. It is not legal advice and not a prediction for yours.