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EB-2 NIWSoftware engineeringEmployerDecided May 2026Remanded

Outcome: Remanded

MAY272026_01B5203

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

Our summary

Software engineer with Ph.D. in electrical engineering seeks NIW for fraud detection platform development. AAO remanded, finding USCIS mischaracterized the endeavor as biomedical and failed to adequately analyze national importance, positioning, and balance prongs under Dhanasar framework.

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

CriterionReadingWhy
Merit and national importanceNot reached / not discussedUSCIS analysis contained errors; remanded for thorough review of fraud detection platform national importance.
Well positionedNot reached / not discussedUSCIS concluded without sufficient analysis; remanded to review Ph.D., progress, plan, and collaborator support.
Balance favors a waiverNot reached / not discussedRemanded to reconsider if first two prongs met, then assess whether waiver beneficial to United States.

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

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