EB-2 NIWSoftware engineeringIndividualDecided August 2021Dismissed
Outcome: Dismissed
AUG112021_07B5203
Merit and national importanceNot metWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Software developer with ten years experience seeks NIW for independent software development and possible game company. AAO dismissed appeal, finding proposed work lacks national importance beyond prospective employers and clients, and applicant lacks demonstrated success or concrete plan to advance the endeavor.
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 software development work lacks demonstrated national importance; no evidence of original innovations or broader field implications.
- Well positioned · Competent developer but insufficient evidence of past success, tangible plan, or demonstrated progress toward proposed endeavor.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed software development work lacks demonstrated national importance; no evidence of original innovations or broader field implications. |
 Well positioned | Not met | Competent developer but insufficient evidence of past success, tangible plan, or demonstrated progress toward proposed endeavor. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first and second prongs failed; third prong analysis unnecessary. |
A published decision describes one case. It is not legal advice and not a prediction for yours.