EB-2 NIWBusiness and managementIndividualDecided October 2024Dismissed
Outcome: Dismissed
OCT152024_04B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A CEO with AI and software expertise sought NIW as EB-2. The service center approved his advanced degree status but denied the waiver, finding no evidence the endeavor transcends personal clients to achieve national significance. The AAO affirmed, distinguishing petitioner's qualifications from the endeavor's prospective impact requirement.
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 · Consulting and AI development services for private clients lack evidence of broader field implications or impact rising to national importance
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Consulting and AI development services for private clients lack evidence of broader field implications or impact rising to national importance |
 Well positioned | Not reached / not discussed | Not reached because petitioner failed first prong; professional experience material to second prong only, not first prong analysis |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed first prong; no analysis of balancing test necessary |
A published decision describes one case. It is not legal advice and not a prediction for yours.