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EB-2 NIWComputer science and AIIndividualDecided September 2021Remanded

Outcome: Remanded

SEP012021_01B5203

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

Our summary

IT systems manager seeks NIW for IT project management and systems analysis services. AAO remanded, finding Director did not adequately explain deficiencies in evidence supporting national importance and prematurely addressed second prong without properly establishing first prong foundation.

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 discussedDirector concluded first prong met but without adequate explanation; AAO found analysis deficient and remanded for proper Dhanasar framework application.
Well positionedNot reached / not discussedDirector analyzed second prong prematurely before establishing first prong adequately; remand required for comprehensive first-prong analysis.
Balance favors a waiverNot reached / not discussedNot reached; remand required to properly evaluate all prongs sequentially under Dhanasar framework.

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

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