EB-2 NIWComputer science and AIIndividualDecided November 2022Dismissed
Outcome: Dismissed
NOV022022_03B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot met
Our summary
A database engineer with MBA sought NIW for freelance work and founding an online IT school. AAO dismissed appeal, finding the proposed endeavor lacked national importance and petitioner was not well positioned to advance the online school despite having relevant experience and business background.
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 · Freelance database engineering work lacks national or global implications; online school lacks demonstrated national importance.
- Well positioned · No evidence of investor interest or potential clients; insufficient progress toward online school endeavor despite business plan.
- Balance favors a waiver · Labor shortage in field alone insufficient; endeavor not shown to be nationally important or petitioner well positioned to advance it.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Freelance database engineering work lacks national or global implications; online school lacks demonstrated national importance. |
 Well positioned | Not met | No evidence of investor interest or potential clients; insufficient progress toward online school endeavor despite business plan. |
 Balance favors a waiver | Not met | Labor shortage in field alone insufficient; endeavor not shown to be nationally important or petitioner well positioned to advance it. |
A published decision describes one case. It is not legal advice and not a prediction for yours.