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EB-2 NIWSoftware engineeringIndividualDecided May 2024Dismissed

Outcome: Dismissed

MAY212024_01B5203

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

Our summary

Musician and software engineer seeking NIW for music education technology venture. AAO dismissed appeal, finding substantial merit but no national importance; endeavor lacked innovation, employee creation plans, or industry-wide impact commensurate with national significance.

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 · Musician-software engineer's endeavor lacked national importance; no demonstrated innovation, employee creation, or field-level impact despite field importance.

Criteria

CriterionReadingWhy
Merit and national importanceNot metMusician-software engineer's endeavor lacked national importance; no demonstrated innovation, employee creation, or field-level impact despite field importance.
Well positionedNot reached / not discussedFirst prong failed; remaining prongs not reached as dispositive.
Balance favors a waiverNot reached / not discussedFirst prong failed; remaining prongs not reached as dispositive.

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

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