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EB-2 NIWSoftware engineeringIndividualDecided September 2021Dismissed

Outcome: Dismissed

SEP022021_03B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed

Our summary

A software engineer sought EB-2 NIW for Internet of Things research. The AAO found the proposed endeavor met Dhanasar's first prong with national importance. However, the petitioner failed the second prong: academic credentials and published research were insufficient to demonstrate he was well positioned to advance the endeavor.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Merit and national importance · Internet of Things research in computer science has national and global implications

What was missing

  • Well positioned · Advanced degree, published work, and peer review participation insufficient to show petitioner well positioned to advance endeavor

Criteria

CriterionReadingWhy
Merit and national importanceMetInternet of Things research in computer science has national and global implications
Well positionedNot metAdvanced degree, published work, and peer review participation insufficient to show petitioner well positioned to advance endeavor
Balance favors a waiverNot reached / not discussedSecond prong failed so third prong not addressed

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

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