Outcome: Remanded
JUN262025_04B5203
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
| Criterion | Reading | Why |
|---|---|---|
| Not reached / not discussed | SCOPS decision on national importance withdrawn; matter remanded for proper analysis of software engineering endeavor | |
| Not reached / not discussed | Matter remanded; SCOPS did not adequately analyze beneficiary's education, skills, and positioning in STEM field | |
| Not reached / not discussed | Matter 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.
