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EB-2 NIWSoftware engineeringIndividualDecided July 2022Dismissed

Outcome: Dismissed

JUL272022_02B5203

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

Our summary

A software developer sought a national interest waiver for EB-2 classification to start an IT consulting firm. The AAO dismissed the appeal, holding that while the endeavor had substantial merit, the proposed employment of eight workers lacked broader industry implications and substantial economic effects required for national importance.

Official PDF

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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 IT consulting firm creating eight jobs lacks broader implications in industry and substantial positive economic effects.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed IT consulting firm creating eight jobs lacks broader implications in industry and substantial positive economic effects.
Well positionedNot reached / not discussedFirst prong failed; second and third prongs not fully analyzed as unnecessary.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not analyzed; labor shortage arguments insufficient without urgent need demonstration.

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

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