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EB-2 NIWSoftware engineeringEmployerDecided July 2024Dismissed

Outcome: Dismissed

JUL152024_08B5203

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

Our summary

Software developer sought EB-2 with national interest waiver for middleware development company. AAO held proposed endeavor lacked national importance: software applications served particular clients only, not broader industry; business plan showed minimal capital and no contractual commitments to demonstrate significant employment potential.

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 · AAO agreed petitioner failed to show specific endeavor has national importance; impact limited to organizational clients, not broader industry.

Criteria

CriterionReadingWhy
Merit and national importanceNot metAAO agreed petitioner failed to show specific endeavor has national importance; impact limited to organizational clients, not broader industry.
Well positionedNot reached / not discussedAAO declined to address second prong after finding first prong failed.
Balance favors a waiverNot reached / not discussedAAO declined to address third prong after finding first prong failed.

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

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