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EB-2 NIWComputer science and AIEmployerDecided October 2024Dismissed

Outcome: Dismissed

OCT212024_01B5203

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

Our summary

Pharmaceutical company petitioned for IT operations manager beneficiary under EB-2 national interest waiver. AAO dismissed appeal, finding proposed endeavor lacks national importance because work would not impact IT or pharmaceutical fields beyond the company and its clients, contrary to Dhanasar requirements.

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 operations management role lacks broader implications beyond employer and clients to affect field nationally.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed IT operations management role lacks broader implications beyond employer and clients to affect field nationally.
Well positionedNot reached / not discussedDeclined to reach second prong because first prong dispositive.
Balance favors a waiverNot reached / not discussedDeclined to reach third prong because first prong dispositive.

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

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