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EB-2 NIWSoftware engineeringIndividualDecided September 2025Dismissed

Outcome: Dismissed

SEP252025_05B5203

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

Our summary

Software developer sought NIW for EB-2 exceptional ability classification. Petitioner met only two of six required evidentiary criteria: official academic record and compensation. Appeal dismissed because petitioner failed to establish exceptional ability significantly above ordinarily encountered in field, failing antecedent requirement for NIW consideration.

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 discussedNot reached because petitioner failed to establish eligibility for underlying EB-2 exceptional ability classification
Well positionedNot reached / not discussedNot reached because petitioner failed underlying EB-2 qualification
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed underlying EB-2 qualification

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

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