EB-2 NIWSoftware engineeringIndividualDecided August 2024Dismissed
Outcome: Dismissed
AUG192024_05B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A senior software maintenance engineer with over 10 years of experience sought EB-2 classification as an individual of exceptional ability with national interest waiver. The AAO dismissed the appeal, finding the petitioner met only two of six evidentiary criteria and lacked the significantly above-ordinary expertise required for exceptional ability.
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 · Petitioner failed to establish exceptional ability as underlying EB-2 eligibility; did not meet at least three of six evidentiary criteria required.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner failed to establish exceptional ability as underlying EB-2 eligibility; did not meet at least three of six evidentiary criteria required. |
 Well positioned | Not reached / not discussed | Decision was dispositive on underlying EB-2 eligibility and reserved Dhanasar analysis. |
 Balance favors a waiver | Not reached / not discussed | Decision was dispositive on underlying EB-2 eligibility and reserved Dhanasar analysis. |
A published decision describes one case. It is not legal advice and not a prediction for yours.