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EB-2 NIWComputer science and AIIndividualDecided November 2022Dismissed

Outcome: Dismissed

NOV042022_03B5203

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

Our summary

Application manager seeks NIW for EB-2 advanced degree classification. Proposed IT work providing services to organizations with important missions. AAO dismissed appeal, finding proposed endeavor lacks national importance; while petitioner was highly qualified and IT field important, no evidence showed specific proposed endeavor would impact IT field broadly or create substantial economic or employment benefits nationally.

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 · Proposed IT work providing valuable services lacks evidence of national importance; importance of IT field itself insufficient; no evidence of prospective impact beyond individual employer or broader field impact

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed IT work providing valuable services lacks evidence of national importance; importance of IT field itself insufficient; no evidence of prospective impact beyond individual employer or broader field impact
Well positionedNot reached / not discussedNot reached because first prong failure dispositive of appeal
Balance favors a waiverNot reached / not discussedNot reached because first prong failure dispositive of appeal

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

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