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EB-2 NIWComputer science and AIIndividualDecided February 2024Dismissed

Outcome: Dismissed

FEB232024_02B5203

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

Our summary

IT entrepreneur sought national interest waiver for EB-2 petition. Director found substantial merit and good positioning; AAO affirmed denial because the proposed business endeavor lacked national importance, affecting only four small clients without broader industry or economic impact.

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 · Director found substantial merit; AAO found no national importance. Business lacked broader implications beyond client benefits.

Criteria

CriterionReadingWhy
Merit and national importanceNot metDirector found substantial merit; AAO found no national importance. Business lacked broader implications beyond client benefits.
Well positionedNot reached / not discussedDirector granted this prong; AAO reserved decision after finding first prong failed.
Balance favors a waiverNot reached / not discussedAAO reserved decision on third prong after first prong failed.

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

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