EB-2 NIWComputer science and AIIndividualDecided February 2024Dismissed
Outcome: Dismissed
FEB082024_07B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Information technology business owner seeks EB-2 NIW. Established EB-2 eligibility but claimed endeavor would create jobs and drive innovation. AAO found no evidence that proposed business products or services provide field innovations or benefits beyond the business itself, failing 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.
No criterion in the table was found met in this decision.
What was missing
- Merit and national importance · Proposed information technology business lacks broader field implications; job creation and wage figures insufficient for national importance
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed information technology business lacks broader field implications; job creation and wage figures insufficient for national importance |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; decision reserves this issue |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; decision reserves this issue |
A published decision describes one case. It is not legal advice and not a prediction for yours.