EB-2 NIWSoftware engineeringIndividualDecided December 2025Dismissed
Outcome: Dismissed
DEC082025_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Software developer and entrepreneur sought EB-2 with national interest waiver to establish software automation services firm in Florida. AAO dismissed the appeal, finding the proposed business lacked national importance because petitioner provided only unsupported assertions and business projections without demonstrating broader industry impact or substantial economic effects beyond serving individual clients.
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 · Working in important IT field is insufficient; proposed software automation business lacked evidence of broader implications beyond serving individual clients or impacting field broadly
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Working in important IT field is insufficient; proposed software automation business lacked evidence of broader implications beyond serving individual clients or impacting field broadly |
 Well positioned | Not reached / not discussed | Not reached; AAO concluded petitioner failed first prong and did not address second prong |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed first and second prongs; AAO reserved determination |
A published decision describes one case. It is not legal advice and not a prediction for yours.