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EB-2 NIWSoftware engineeringIndividualDecided 2024Dismissed

Outcome: Dismissed

JUL022024_01B5203

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

Our summary

Software developer seeking NIW for startup software company. AAO dismissed appeal, finding substantial merit but no national importance; applicant's work limited to individual clients without broader field impact or demonstrated substantial economic effects.

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 · Software development company lacked national importance; specific endeavor would not impact field broadly despite field importance.

Criteria

CriterionReadingWhy
Merit and national importanceNot metSoftware development company lacked national importance; specific endeavor would not impact field broadly despite field importance.
Well positionedNot reached / not discussedFirst prong failed; remaining prongs not reached as dispositive.
Balance favors a waiverNot reached / not discussedFirst prong failed; remaining prongs not reached as dispositive.

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

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