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EB-2 NIWComputer science and AIIndividualDecided 2024Dismissed

Outcome: Dismissed

JUL222024_03B5203

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

Our summary

A software engineer sought a national interest waiver to establish a privacy consulting business focused on distributed systems and regulatory compliance. The AAO dismissed the appeal, finding substantial merit but rejecting national importance because the evidence showed only localized business activity without broader field impact or significant employment potential.

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 · Privacy consulting business has substantial merit but lacks national importance; no evidence of impact beyond company clients or field-wide implications despite cybersecurity relevance.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPrivacy consulting business has substantial merit but lacks national importance; no evidence of impact beyond company clients or field-wide implications despite cybersecurity relevance.
Well positionedNot reached / not discussedFirst prong failure is dispositive; second prong not analyzed.
Balance favors a waiverNot reached / not discussedFirst prong failure is dispositive; third prong not analyzed.

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

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