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EB-2 NIWSoftware engineeringIndividualDecided April 2024Dismissed

Outcome: Dismissed

APR152024_03B5203

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

Our summary

A software engineer with foreign bachelor's degree seeks NIW for emergency response mobile platform company. Claimed advanced degree and exceptional ability status. AAO dismissed appeal, finding petitioner failed to establish underlying EB-2 eligibility; foreign degree not established as equivalent to U.S. bachelor's or above, and exceptional ability criteria not met. NIW eligibility reserved.

Official PDF

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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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedPetitioner ineligible for underlying EB-2 classification; Dhanasar prongs reserved as unnecessary to reach.
Well positionedNot reached / not discussedPetitioner ineligible for underlying EB-2 classification; Dhanasar prongs reserved as unnecessary to reach.
Balance favors a waiverNot reached / not discussedPetitioner ineligible for underlying EB-2 classification; Dhanasar prongs reserved as unnecessary to reach.

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

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