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EB-2 NIWSoftware engineeringIndividualDecided August 2021Dismissed

Outcome: Dismissed

AUG032021_02B5203

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

Our summary

A software developer sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The AAO found the petitioner satisfied only two of the six exceptional ability criteria and lacked progressive post-baccalaureate experience. Because the underlying EB-2 qualification was not established, the national interest waiver claim became moot and was not analyzed.

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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedPetitioner failed underlying EB-2 qualification; waiver prong not reached
Well positionedNot reached / not discussedPetitioner failed underlying EB-2 qualification; waiver prong not reached
Balance favors a waiverNot reached / not discussedPetitioner failed underlying EB-2 qualification; waiver prong not reached

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

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