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EB-2 NIWComputer science and AIIndividualDecided November 2023Dismissed

Outcome: Dismissed

NOV172023_06B5203

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

Our summary

IT entrepreneur seeking NIW for EB-2 classification. Proposed cybersecurity services business plan. AAO dismissed appeal because endeavor lacked demonstrated national importance despite operating in important field; job creation and regional expansion did not show prospective impact rising to national significance under Dhanasar.

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 · Cybersecurity startup focused on regional market expansion lacked evidence of national importance or broader field implications.

Criteria

CriterionReadingWhy
Merit and national importanceNot metCybersecurity startup focused on regional market expansion lacked evidence of national importance or broader field implications.
Well positionedNot reached / not discussedNot reached because first prong failed; dispositive issue.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; dispositive issue.

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

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