EB-2 NIWSoftware engineeringEmployerDecided April 2023Dismissed
Outcome: Dismissed
APR052023_05B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Software developer sought EB-2 with national interest waiver. Claimed software engineering work for US company had substantial merit and national importance. AAO held proposed endeavor lacked specificity and national importance; no prospective impact beyond employer and clients; first prong of Dhanasar failed.
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 endeavor of employment as software engineer lacks specificity; no demonstration of broader implications beyond employer and clients.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor of employment as software engineer lacks specificity; no demonstration of broader implications beyond employer and clients. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; agency reserves decision on remaining prongs. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; agency reserves decision on remaining prongs. |
A published decision describes one case. It is not legal advice and not a prediction for yours.