EB-2 NIWComputer science and AIIndividualDecided April 2026Dismissed
Outcome: Dismissed
APR222026_03B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A research scientist with a master's degree in electrical and computer engineering sought an NIW for EB-2 classification. The AAO found the proposed endeavor had substantial merit and national importance but dismissed because the petitioner lacked a concrete plan and employment pursuit evidence to demonstrate he was well-positioned to advance it.
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 · Proposed research in privacy-preserving technology and IoT meets substantial merit and national importance.
What was missing
- Well positioned · Petitioner lacks concrete employment offer or evidence of specific steps toward pursuing intended position.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Proposed research in privacy-preserving technology and IoT meets substantial merit and national importance. |
 Well positioned | Not met | Petitioner lacks concrete employment offer or evidence of specific steps toward pursuing intended position. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed second prong; third prong also lacks evidence of labor certification impracticality and national benefit. |
A published decision describes one case. It is not legal advice and not a prediction for yours.