EB-2 NIWSoftware engineeringIndividualDecided April 2021Dismissed
Outcome: Dismissed
APR152021_03B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot met
Our summary
Software developer with overseas experience sought EB-2 with national interest waiver. AAO held he failed to meet three exceptional ability criteria and failed first and third Dhanasar prongs, dismissing the appeal.
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 determined proposed endeavor had substantial merit but limited national importance due to narrow scope
What was missing
- Well positioned · Record did not show success or progress in achieving proposed endeavor
- Balance favors a waiver · Labor certification process better suited to identify qualified available workers; no urgent need shown
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Director determined proposed endeavor had substantial merit but limited national importance due to narrow scope |
 Well positioned | Not met | Record did not show success or progress in achieving proposed endeavor |
 Balance favors a waiver | Not met | Labor certification process better suited to identify qualified available workers; no urgent need shown |
A published decision describes one case. It is not legal advice and not a prediction for yours.