EB-2 NIWComputer science and AIIndividualDecided June 2024Dismissed
Outcome: Dismissed
JUN202024_07B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A cybersecurity and automation manager with 22 years of experience and an advanced degree sought EB-2 NIW. The AAO dismissed the appeal because although the proposed endeavor had substantial merit and national importance, the petitioner failed to demonstrate he was well-positioned to advance it beyond normal professional expectations.
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 · Director determined first prong established; AAO affirmed this finding in analysis.
What was missing
- Well positioned · Petitioner failed to demonstrate contributions beyond normal expectations or evidence showing progress, record of success, or relevant party interest in his specific proposed endeavor.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Director determined first prong established; AAO affirmed this finding in analysis. |
 Well positioned | Not met | Petitioner failed to demonstrate contributions beyond normal expectations or evidence showing progress, record of success, or relevant party interest in his specific proposed endeavor. |
 Balance favors a waiver | Not reached / not discussed | Not reached because second prong failed; decision declined further analysis. |
A published decision describes one case. It is not legal advice and not a prediction for yours.