Outcome: Dismissed
OCT202023_03B5203
Our summary
Electronics engineer sought EB-2 NIW to develop and market medical smartphone applications. AAO reversed on first prong, finding national importance established, but upheld denial on second prong: insufficient evidence of success in app development, no prior related business experience, and post-filing customer interest letters undermined preparedness claim.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Merit and national importance · AAO found proposed mobile app endeavor has national importance; corrected Director's unduly narrow view
What was missing
- Well positioned · Lacked demonstrated education, skills, record of success in app development or business; late-dated evidence post-filing; contradictory business structure information
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | AAO found proposed mobile app endeavor has national importance; corrected Director's unduly narrow view | |
| Not met | Lacked demonstrated education, skills, record of success in app development or business; late-dated evidence post-filing; contradictory business structure information | |
| Not reached / not discussed | Not reached because second prong fails; dispositive issue identified |
A published decision describes one case. It is not legal advice and not a prediction for yours.
