EB-2 NIWComputer science and AIIndividualDecided 2017Dismissed
Outcome: Dismissed
DEC142017_01B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
Research and development engineer sought EB-2 national interest waiver. Petitioner established advanced degree and was well positioned to advance proposed engineering and software work. However, failed to demonstrate prospective impact beyond company clients sufficient for national importance. Appeal dismissed.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Well positioned · Past experience and engineering skills position petitioner well for proposed endeavor
What was missing
- Merit and national importance · Work aimed at company clients lacked prospective impact sufficient for national importance
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Work aimed at company clients lacked prospective impact sufficient for national importance |
 Well positioned | Met | Past experience and engineering skills position petitioner well for proposed endeavor |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; no meaningful analysis of balancing factors |
A published decision describes one case. It is not legal advice and not a prediction for yours.