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EB-2 NIWElectrical and electronic engineeringIndividualDecided October 2023Dismissed

Outcome: Dismissed

OCT202023_03B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed

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

CriterionReadingWhy
Merit and national importanceMetAAO found proposed mobile app endeavor has national importance; corrected Director's unduly narrow view
Well positionedNot metLacked demonstrated education, skills, record of success in app development or business; late-dated evidence post-filing; contradictory business structure information
Balance favors a waiverNot reached / not discussedNot 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.

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