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EB-2 NIWComputer science and AIIndividualDecided June 2023Dismissed

Outcome: Dismissed

JUN152023_01B5203

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

Our summary

Chief technology officer with advanced degree sought national interest waiver for EB-2 classification. AAO dismissed appeal because petitioner failed to establish national importance of specific proposed endeavor; submitted evidence of IT industry importance and general CTO role significance without demonstrating broader field implications.

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 but petitioner failed to establish national importance; evidence addressed IT industry importance generally, not specific endeavor's broader implications

Criteria

CriterionReadingWhy
Merit and national importanceNot metDirector found substantial merit but petitioner failed to establish national importance; evidence addressed IT industry importance generally, not specific endeavor's broader implications
Well positionedNot reached / not discussedDirector found prong satisfied; AAO reserved second prong arguments after first prong failure was dispositive
Balance favors a waiverNot reached / not discussedAAO reserved third prong arguments after first prong failure

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

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