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EB-2 NIWComputer science and AIEmployerDecided June 2025Remanded

Outcome: Remanded

JUN262025_04B5203

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

Our summary

An employer petitions for software engineer beneficiary for EB-2 NIW classification. SCOPS erred by analyzing prior work rather than proposed endeavor, and failed to apply STEM field guidance. AAO withdrew SCOPS decision and remanded for proper analysis of all three Dhanasar prongs with appropriate consideration of software engineering innovation.

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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedSCOPS decision on national importance withdrawn; matter remanded for proper analysis of software engineering endeavor
Well positionedNot reached / not discussedMatter remanded; SCOPS did not adequately analyze beneficiary's education, skills, and positioning in STEM field
Balance favors a waiverNot reached / not discussedMatter remanded; third prong not analyzed pending reconsideration of first two prongs

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

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