EB-2 NIWSoftware engineeringIndividualDecided December 2022Dismissed
Outcome: Dismissed
DEC232022_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Senior software developer with Brazilian work history seeks EB-2 NIW. Claimed software development work has national importance. AAO held petitioner failed to show proposed endeavor has national importance; work serves limited clients without broader implications for field, and reliance on general occupation statistics insufficient.
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's software development work for small number of clients lacks national importance; general field importance insufficient
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner's software development work for small number of clients lacks national importance; general field importance insufficient |
 Well positioned | Not reached / not discussed | Director found this prong satisfied; AAO did not reach it due to first prong failure |
 Balance favors a waiver | Not reached / not discussed | Not reached; first prong failure is dispositive |
A published decision describes one case. It is not legal advice and not a prediction for yours.