EB-2 NIWComputer science and AIIndividualDecided March 2022Dismissed
Outcome: Dismissed
MAR132022_01B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An entrepreneur in business computing sought EB-2 advanced degree or exceptional ability status with national interest waiver. He failed both tracks: his occupation is not a profession under immigration law, he lacks an advanced degree, and he did not meet three criteria for exceptional ability. National interest waiver issue was moot.
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
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Not reached; petitioner ineligible for underlying EB-2 classification |
 Well positioned | Not reached / not discussed | Not reached; petitioner ineligible for underlying EB-2 classification |
 Balance favors a waiver | Not reached / not discussed | Not reached; petitioner ineligible for underlying EB-2 classification |
A published decision describes one case. It is not legal advice and not a prediction for yours.