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EB-2 NIWComputer science and AIIndividualDecided July 2024Dismissed

Outcome: Dismissed

JUL102024_07B5203

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

Our summary

An IT entrepreneur sought EB-2 with NIW to direct digital transformation services as CEO. AAO found he qualifies as advanced degree professional. However, his endeavor has substantial merit but not national importance; STEM employment alone does not satisfy Dhanasar; unsubstantiated job creation claims lack credibility.

Official PDF

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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 · IT entrepreneur's proposed digital transformation services business shows substantial merit but lacks national importance; being in STEM field alone insufficient; job creation and tax projections lack detail on location and type.

Criteria

CriterionReadingWhy
Merit and national importanceNot metIT entrepreneur's proposed digital transformation services business shows substantial merit but lacks national importance; being in STEM field alone insufficient; job creation and tax projections lack detail on location and type.
Well positionedNot reached / not discussedFirst prong dispositive; Director found second prong met but decision did not analyze it on appeal per Bagamasbad rule.
Balance favors a waiverNot reached / not discussedFirst prong dispositive; third prong not analyzed per Bagamasbad rule.

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

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