EB-2 NIWComputer science and AIIndividualDecided May 2023Dismissed
Outcome: Dismissed
MAY022023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An IT entrepreneur seeking EB-2 with NIW. AAO dismissed the appeal, holding the proposed endeavor lacked national importance under Dhanasar's first prong because the petitioner failed to establish how specific services would resolve IT worker shortages or create impacts rising to national importance, relying improperly on industry importance rather than endeavor specifics.
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 · IT entrepreneur's services lack differentiation and scale; field importance insufficient without specific endeavor impact
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | IT entrepreneur's services lack differentiation and scale; field importance insufficient without specific endeavor impact |
 Well positioned | Not reached / not discussed | Not analyzed because first prong failed; decision reserved remaining Dhanasar prongs |
 Balance favors a waiver | Not reached / not discussed | Not analyzed because first prong failed; decision reserved remaining Dhanasar prongs |
A published decision describes one case. It is not legal advice and not a prediction for yours.