EB-2 NIWComputer science and AIIndividualDecided September 2023Dismissed
Outcome: Dismissed
SEP132023_07B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A cybersecurity entrepreneur from Brazil sought EB-2 NIW for a software and cybersecurity services business. The AAO dismissed the petition because the petitioner lacked categorical EB-2 eligibility and failed to demonstrate the proposed endeavor had national importance; anticipated job creation was unclear and lacked substantial prospective economic impact.
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 cybersecurity technology business lacked demonstrated prospective impact rising to national importance; job creation unclear and limited in scope.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed cybersecurity technology business lacked demonstrated prospective impact rising to national importance; job creation unclear and limited in scope. |
 Well positioned | Not reached / not discussed | Not reached because petitioner failed EB-2 categorical eligibility and first Dhanasar prong; AAO reserved opinion on remaining prongs. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed EB-2 categorical eligibility and first Dhanasar prong; AAO reserved opinion on remaining prongs. |
A published decision describes one case. It is not legal advice and not a prediction for yours.