EB-2 NIWSoftware engineeringIndividualDecided January 2024Dismissed
Outcome: Dismissed
JAN252024_07B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Software quality analyst sought NIW based on EB-2 advanced degree or exceptional ability. Failed to establish qualifying EB-2 classification; lacked valid foreign degree credential. AAO declined discretionary review of NIW Dhanasar prongs due to failure on threshold EB-2 qualification.
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
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Petitioner failed to establish underlying EB-2 qualification; Dhanasar framework not reached as matter of discretion |
 Well positioned | Not reached / not discussed | Underlying EB-2 qualification not established; framework declined as matter of discretion |
 Balance favors a waiver | Not reached / not discussed | Underlying EB-2 qualification not established; framework declined as matter of discretion |
A published decision describes one case. It is not legal advice and not a prediction for yours.