EB-2 NIWComputer science and AIIndividualDecided February 2024Dismissed
Outcome: Dismissed
FEB132024_02B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Software developer self-petitioner sought NIW for startup company. AAO found proposed endeavor lacked specific national importance beyond job creation statistics and company impact was not demonstrated. Petitioner's technical expertise insufficient to show capability running business venture without entrepreneurial track record.
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 · Petitioner failed to establish national importance of specific endeavor; general statistics about startup job creation insufficient
- Well positioned · Software developer experience does not establish ability to run startup company; no past business ownership record
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner failed to establish national importance of specific endeavor; general statistics about startup job creation insufficient |
 Well positioned | Not met | Software developer experience does not establish ability to run startup company; no past business ownership record |
 Balance favors a waiver | Not reached / not discussed | Not reached because first two prongs failed |
A published decision describes one case. It is not legal advice and not a prediction for yours.