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EB-2 NIWComputer science and AIEmployerDecided May 2025Dismissed

Outcome: Dismissed

MAY142025_02B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed

Our summary

Technology entrepreneur with advanced degree seeks NIW for AI-driven cognitive decision support tools for aerospace and aviation. AAO withdrew director's finding on national importance prong, agreeing technology aligns with government priorities. However, petitioner failed to demonstrate record of success as executive or sufficient qualification to lead endeavor as CEO/CTO.

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 · Petitioner demonstrated endeavor aligns with White House priorities and has national implications for air safety technology

What was missing

  • Well positioned · Lacks record of success as CEO/CTO; background in piloting and software engineering insufficient preparation

Criteria

CriterionReadingWhy
Merit and national importanceMetPetitioner demonstrated endeavor aligns with White House priorities and has national implications for air safety technology
Well positionedNot metLacks record of success as CEO/CTO; background in piloting and software engineering insufficient preparation
Balance favors a waiverNot reached / not discussedNot reached because second prong dispositive; petition fails on well-positioned requirement

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

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