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EB-2 NIWComputer science and AIEmployerDecided August 2025Sustained

Outcome: Sustained

AUG272025_03B5203

Merit and national importanceMetWell positionedMetBalance favors a waiverMet

Our summary

A research scientist with a PhD in computer science sought EB-2 NIW for AI research in multimodal machine learning. SCOPS denied NIW but approved advanced degree qualification. The AAO reversed, finding all three Dhanasar prongs met: substantial merit and national importance in AI, petitioner well-positioned, and waiver balances beneficially for the United States.

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 · Research in multimodal AI machine learning demonstrates substantial merit and national importance
  • Well positioned · SCOPS found petitioner well-positioned; AAO sustained on this prong
  • Balance favors a waiver · Advanced STEM degree, published research, peer review, expertise, academic support indicate national benefit

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceMetResearch in multimodal AI machine learning demonstrates substantial merit and national importance
Well positionedMetSCOPS found petitioner well-positioned; AAO sustained on this prong
Balance favors a waiverMetAdvanced STEM degree, published research, peer review, expertise, academic support indicate national benefit

A published decision describes one case. It is not legal advice and not a prediction for yours.

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