EB-2 NIWComputer science and AIEmployerDecided April 2025Dismissed
Outcome: Dismissed
APR142025_01B5203
Merit and national importanceMetWell positionedMetBalance favors a waiverNot met
Our summary
IT professional with advanced degree sought NIW under EB-2 for STEM research. AAO found first two Dhanasar prongs met but dismissed because petitioner demonstrated ability to secure employment and failed to establish that national interest was urgent enough to waive labor certification requirement.
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 · Peer-reviewed publications and citations showed research broadly impacted field at national importance level
- Well positioned · Extensive experience and record of success in related research established capacity to advance proposed endeavor
What was missing
- Balance favors a waiver · Petitioner failed to show impracticality of securing job offer or labor certification, or sufficient urgency warranting waiver
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Peer-reviewed publications and citations showed research broadly impacted field at national importance level |
 Well positioned | Met | Extensive experience and record of success in related research established capacity to advance proposed endeavor |
 Balance favors a waiver | Not met | Petitioner failed to show impracticality of securing job offer or labor certification, or sufficient urgency warranting waiver |
A published decision describes one case. It is not legal advice and not a prediction for yours.