EB-2 NIWComputer science and AIIndividualDecided August 2024Dismissed
Outcome: Dismissed
AUG232024_05B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Post-doctoral researcher in human-robot interaction sought national interest waiver for EB-2 classification. AAO found research had substantial merit and national importance but dismissed appeal on second prong, determining petitioner not well-positioned to advance the endeavor; citation history and Ph.D. insufficient without demonstrated government funding or primary grant leadership.
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 human-robot interaction research determined to have substantial merit and national importance
What was missing
- Well positioned · Petitioner's Ph.D. in STEM and research citations, though positive, insufficient to demonstrate well-positioned status compared to Dhanasar precedent; lacked evidence of government funding or primary grant contact role
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Proposed human-robot interaction research determined to have substantial merit and national importance |
 Well positioned | Not met | Petitioner's Ph.D. in STEM and research citations, though positive, insufficient to demonstrate well-positioned status compared to Dhanasar precedent; lacked evidence of government funding or primary grant contact role |
 Balance favors a waiver | Not reached / not discussed | Second prong failed; decision declined to reach third prong |
A published decision describes one case. It is not legal advice and not a prediction for yours.