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EB-2 NIWComputer science and AIIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP262023_07B5203

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

Our summary

An IT specialist and entrepreneur sought an EB-2 national interest waiver for custom ERP software development. The AAO dismissed, finding the business plan lacks sufficient evidence that custom software development would have national importance or substantially advance the IT field or U.S. competitiveness.

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 · Custom ERP software development lacks evidence of national or global implications; fails to demonstrate substantial economic benefit or field advancement.

Criteria

CriterionReadingWhy
Merit and national importanceNot metCustom ERP software development lacks evidence of national or global implications; fails to demonstrate substantial economic benefit or field advancement.
Well positionedNot reached / not discussedFirst prong failed; second prong not reached.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached.

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

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