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EB-2 NIWSoftware engineeringIndividualDecided April 2023Dismissed

Outcome: Dismissed

APR272023_03B5203

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

Our summary

Computer software engineer seeking NIW for EB-2 advanced degree classification. Claimed endeavor has substantial merit and national importance through QA testing and instructor roles. AAO dismissed appeal, finding the proposed endeavor lacks nationally significant impact and petitioner failed to establish first Dhanasar prong.

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 lacks nationally significant impact; vague claims about job creation unsupported by detail or scope.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacks nationally significant impact; vague claims about job creation unsupported by detail or scope.
Well positionedNot reached / not discussedFirst prong failed; second prong analysis reserved as unnecessary to result.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong analysis reserved as unnecessary to result.

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

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