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EB-2 NIWSoftware engineeringIndividualDecided 2023Dismissed

Outcome: Dismissed

JUL112023_06B5203

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

Our summary

Software quality assurance engineer seeking EB-2 with NIW. AAO held proposed IT endeavor lacks national importance; merely working in STEM field without demonstrating specific technology advancement or broader impact insufficient. Appeal dismissed.

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 IT endeavor lacks national importance; general STEM field importance insufficient without specific technology advancement

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner's IT endeavor lacks national importance; general STEM field importance insufficient without specific technology advancement
Well positionedNot reached / not discussedNot reached because petitioner failed first prong of Dhanasar; court reserved decision on second and third prongs
Balance favors a waiverNot reached / not discussedNot reached; reserved because petitioner failed first prong

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

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