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EB-2 NIWComputer science and AIIndividualDecided July 2024Dismissed

Outcome: Dismissed

JUL182024_03B5203

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

Our summary

Information technology and telecommunications entrepreneur self-petitioner seeking national interest waiver under EB-2. The AAO dismissed, finding the petitioner met underlying EB-2 requirements but failed to demonstrate national importance; proposed cloud and 5G infrastructure services were not differentiated from existing providers.

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 · Information technology and telecommunications company services lacked differentiation from competitors; insufficient showing of broader implications despite cloud and 5G industry growth.

Criteria

CriterionReadingWhy
Merit and national importanceNot metInformation technology and telecommunications company services lacked differentiation from competitors; insufficient showing of broader implications despite cloud and 5G industry growth.
Well positionedNot reached / not discussedNot reached because first prong failed; Director had concluded this, but AAO declined to address.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; Director had concluded this, but AAO declined to address.

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

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