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EB-2 NIWSoftware engineeringIndividualDecided 2021Dismissed

Outcome: Dismissed

JUL142021_07B5203

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

Our summary

Software engineer sought NIW for EB-2 classification. Petitioner claimed software development for U.S. companies would benefit national economy. AAO held the proposed endeavor lacks national importance because it would benefit only immediate employers and clients without broader industry or economic implications.

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 · Proposed software development lacks broader implications beyond immediate employers and clients; does not meet national importance threshold.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed software development lacks broader implications beyond immediate employers and clients; does not meet national importance threshold.
Well positionedNot reached / not discussedDecision did not analyze petitioner's qualifications to advance the endeavor.
Balance favors a waiverNot reached / not discussedDecision did not reach third prong after finding first prong unmet.

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

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