approved EB-2 (NIW) RFE Issued

Senior Software Engineer

Computer Science · 2026-01-17

Processing Time
182 days
Decision Date
2026-01-17
This case is from a publicly available case study. Case studies tend to feature successful outcomes and may not reflect the full range of petition results.

Proposed Endeavor

The petitioner proposes to continue research and development of innovative approaches to modernizing legacy software systems. The work focuses on improving system scalability, efficiency, and cybersecurity while lowering long-term costs for organizations.

Framework Evaluation

3 of 3 criteria met
1 Substantial Merit and National Importance Met

The endeavor was found to have national importance due to its focus on high-stakes outcomes like cybersecurity and software scalability.

2 Well-positioned to Advance the Endeavor Met

The petitioner's record of peer-reviewed publications and NSF-funded research demonstrated they are well-positioned.

3 Waiver of Job Offer and Labor Certification Met

On balance, the U.S. benefited from waiving the labor certification given the petitioner's specialized technical influence and the urgency of software modernization.

Why This Petition Was Approved

The petition was approved based on 38 citations and a record of peer-reviewed dissemination including one journal article and one conference paper. The work was further validated by competitive research support from the U.S. National Science Foundation, satisfying the Dhanasar prongs.

Request for Evidence (RFE)

Successfully Addressed

The RFE requested further evidence of the endeavor's national importance and the petitioner's positioning. The response successfully linked the work to federal modernization goals and provided objective benchmarking of the petitioner's technical influence.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavor

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Grants
Government Alignment
Original Contributions

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Frequently Asked Questions

A approved EB-2 NIW (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2026-01-17.

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At a Glance

Outcome approved
Processing 182 days
RFE Issued
Criteria Met 3 / 3
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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