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EB-2 NIWComputer science and AIIndividualDecided February 2024Dismissed

Outcome: Dismissed

FEB062024_03B5203

Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

An information technology entrepreneur with an advanced degree seeks a national interest waiver to establish an IT business. The AAO dismissed the appeal because the petitioner failed to establish exceptional ability under EB-2 and did not meet the first Dhanasar prong, as the proposed endeavor lacks demonstrated national importance.

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 · Business and information technology services lack demonstrated broader implications or national-level impact on economy or field.

Criteria

CriterionReadingWhy
Merit and national importanceNot metBusiness and information technology services lack demonstrated broader implications or national-level impact on economy or field.
Well positionedNot reached / not discussedNot reached due to failure on first prong; decision reserves judgment on second prong.
Balance favors a waiverNot reached / not discussedNot reached due to failure on first prong; decision reserves judgment on third prong.

A published decision describes one case. It is not legal advice and not a prediction for yours.

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