EB-2 NIWComputer science and AIIndividualDecided January 2024Dismissed
Outcome: Dismissed
JAN052024_06B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
IT analyst and entrepreneur sought EB-2 national interest waiver to develop an IT venture. AAO affirmed denial because petitioner failed to demonstrate she was well positioned to advance her proposed endeavor, lacking sufficient educational credentials, customer or investor interest, and early operational progress despite meeting the substantial merit prong.
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
- Merit and national importance · Decision affirms Director's finding that proposed endeavor has substantial merit and national importance.
What was missing
- Well positioned · Petitioner lacks sufficient education, customer/investor interest, early-stage company formation, no demonstrated positioning to advance venture.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Decision affirms Director's finding that proposed endeavor has substantial merit and national importance. |
 Well positioned | Not met | Petitioner lacks sufficient education, customer/investor interest, early-stage company formation, no demonstrated positioning to advance venture. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed second prong; decision reserves consideration of benefits analysis. |
A published decision describes one case. It is not legal advice and not a prediction for yours.