EB-2 NIWComputer science and AIEmployerDecided May 2024Dismissed
Outcome: Dismissed
MAY282024_08B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An employer sponsored a software engineer for NIW EB-2 classification, claiming work in cloud computing and software-defined networking. The AAO agreed the employer conflated importance of the field with importance of the specific endeavor, failing to establish national importance. Appeal dismissed.
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 · Petitioner did not sufficiently demonstrate that beneficiary's specific proposed work as software engineer extends beyond employer to impact the industry broadly at national importance level.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner did not sufficiently demonstrate that beneficiary's specific proposed work as software engineer extends beyond employer to impact the industry broadly at national importance level. |
 Well positioned | Not reached / not discussed | AAO did not reach this prong because petitioner failed the first prong of Dhanasar framework. |
 Balance favors a waiver | Not reached / not discussed | AAO did not reach this prong because petitioner failed the first prong of Dhanasar framework. |
A published decision describes one case. It is not legal advice and not a prediction for yours.