EB-2 NIWSoftware engineeringIndividualDecided May 2024Dismissed
Outcome: Dismissed
MAY232024_10B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Systems engineer sought NIW to develop business management software for small and medium-sized enterprises. AAO dismissed because petitioner failed to establish national importance of the specific endeavor: while evidence showed his qualifications, the software development focused on serving individual clients without broader industry or economic impact.
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 · Systems engineer's software development for small and medium businesses lacked national importance; endeavor would not extend beyond individual clients to impact broader market or economy.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Systems engineer's software development for small and medium businesses lacked national importance; endeavor would not extend beyond individual clients to impact broader market or economy. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; agency reserved decision on second prong. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; agency reserved decision on third prong. |
A published decision describes one case. It is not legal advice and not a prediction for yours.