Outcome: Dismissed
MAY142026_03B5203
Our summary
A technology corporation sponsored an engineer for EB-2 with NIW to advance wireless RF digital module design. The petitioner failed to address the third Dhanasar prong (balance favoring waiver) including labor certification impracticality; the appeal arguments were limited and did not meaningfully contest the service center's denial. The appeal was dismissed as the third prong is dispositive.
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
- Balance favors a waiver · Petitioner failed to address third prong; court deemed issue waived; impracticality of labor certification not demonstrated.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Not reached / not discussed | Petitioner waived argument on first prong; appeal limited to prongs one and two only. | |
| Not reached / not discussed | Petitioner waived argument on second prong; appeal limited to prongs one and two only. | |
| Not met | Petitioner failed to address third prong; court deemed issue waived; impracticality of labor certification not demonstrated. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
