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EB-2 NIWSoftware engineeringEmployerDecided June 2024Dismissed

Outcome: Dismissed

JUN132024_02B5203

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

Our summary

A software developer sought EB-2 NIW for healthcare-related software work. The AAO dismissed the appeal, finding the petitioner failed the first Dhanasar prong: evidence addressed general industry importance rather than the specific endeavor's prospective impact, and claimed economic effects were too localized to reach national importance.

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 · Generalized software claims lack specific prospective impact or broader field implications

Criteria

CriterionReadingWhy
Merit and national importanceNot metGeneralized software claims lack specific prospective impact or broader field implications
Well positionedNot reached / not discussedNot reached after failure on first prong
Balance favors a waiverNot reached / not discussedNot reached after failure on first prong

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

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