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EB-2 NIWComputer science and AIEmployerDecided May 2026Dismissed

Outcome: Dismissed

MAY142026_03B5203

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

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

CriterionReadingWhy
Merit and national importanceNot reached / not discussedPetitioner waived argument on first prong; appeal limited to prongs one and two only.
Well positionedNot reached / not discussedPetitioner waived argument on second prong; appeal limited to prongs one and two only.
Balance favors a waiverNot metPetitioner 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.

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