sustained EB-2 NIW Case: Software Engineering

Decision Summary

The appeal was sustained because the petitioner successfully demonstrated that the beneficiary's work would benefit the national interest to a greater extent than a minimally qualified U.S. worker. The petitioner provided compelling evidence, including letters from independent experts and senior officials at contracting companies, attesting to the superiority and significant impact of the proprietary dredging software the beneficiary developed. This evidence established that the beneficiary's past achievements justified the waiver and that his contributions were of unusual merit to the industry.

Criteria Discussed

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