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EB-2 NIWFinance and economicsIndividualDecided October 2024Dismissed

Outcome: Dismissed

OCT212024_03B5203

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

Our summary

A risk manager with advanced degree seeking EB-2 classification with NIW to develop AI-based fraud detection algorithms. The AAO found the first prong met but dismissed because petitioner lacks entrepreneurship and algorithm development experience, failing to demonstrate she is well-positioned to advance the proposed endeavor.

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 · Director found proposed endeavor has substantial merit and national importance

What was missing

  • Well positioned · Petitioner lacks prior experience as entrepreneur, CEO, founder, or algorithm creator; letters not based on direct knowledge

Criteria

CriterionReadingWhy
Merit and national importanceMetDirector found proposed endeavor has substantial merit and national importance
Well positionedNot metPetitioner lacks prior experience as entrepreneur, CEO, founder, or algorithm creator; letters not based on direct knowledge
Balance favors a waiverNot reached / not discussedNot reached because second prong failed; decision reserves this issue

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

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