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EB-2 NIWSoftware engineeringIndividualDecided December 2024Dismissed

Outcome: Dismissed

DEC122024_03B5203

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

Our summary

An IT architect and entrepreneur sought NIW for work as a software engineer and architect. The petitioner claimed five of six exceptional ability criteria. The AAO dismissed the appeal, finding the petitioner did not meet the required three criteria for underlying EB-2 classification and therefore was ineligible for NIW consideration.

Official PDF

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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 discussedDid not reach Dhanasar analysis because petitioner failed to qualify for underlying EB-2 classification.
Well positionedNot reached / not discussedDid not reach Dhanasar analysis because petitioner failed to qualify for underlying EB-2 classification.
Balance favors a waiverNot reached / not discussedDid not reach Dhanasar analysis because petitioner failed to qualify for underlying EB-2 classification.

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

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