EB-2 NIWCivil and environmental engineeringIndividualDecided April 2026Dismissed
Outcome: Dismissed
APR222026_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A civil engineer with a master's degree sought EB-2 classification with a national interest waiver for an AI-based construction software tool. The AAO found the petitioner qualified for EB-2 and established substantial merit but dismissed the appeal because the petitioner failed to demonstrate the national importance required by Dhanasar's first prong.
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
- Merit and national importance · Petitioner failed to establish national importance of AI tool development; impact limited to specific company and clients
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner failed to establish national importance of AI tool development; impact limited to specific company and clients |
 Well positioned | Not reached / not discussed | Service center found this prong met; petitioner did not dispute on appeal; decision reserved opinion as unnecessary |
 Balance favors a waiver | Not reached / not discussed | Decision reserved opinion on third prong as unnecessary given failure of first prong |
A published decision describes one case. It is not legal advice and not a prediction for yours.