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EB-2 NIWSoftware engineeringIndividualDecided May 2024Dismissed

Outcome: Dismissed

MAY022024_06B5203

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

Our summary

A software engineer with an advanced degree sought an EB-2 national interest waiver for work in the U.S. information technology field. The AAO dismissed because the engineer's proposed endeavor, though meritorious, lacked demonstrated national importance as it would not impact the IT field broadly.

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 · Software engineer's proposed work for a U.S. employer lacks evidence of national or global implications in information technology field beyond employer and client benefit.

Criteria

CriterionReadingWhy
Merit and national importanceNot metSoftware engineer's proposed work for a U.S. employer lacks evidence of national or global implications in information technology field beyond employer and client benefit.
Well positionedNot reached / not discussedFirst prong failure was dispositive; second prong not reached.
Balance favors a waiverNot reached / not discussedFirst prong failure was dispositive; third prong not reached.

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

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