EB-2 NIWComputer science and AIIndividualDecided February 2026Dismissed
Outcome: Dismissed
FEB022026_04B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Machine learning engineer with PhD in electrical and computer engineering seeks NIW for EB-2 employment-based classification. Proposed research in safe and fair AI algorithms for autonomous and recommendation systems. AAO found research had national importance but petitioner lacked demonstrated position, track record, and plan to advance the specific endeavor; appeal dismissed.
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 · AAO found petitioner established substantial merit and national importance of proposed research in AI and machine learning.
What was missing
- Well positioned · AAO withdrew SCOPS finding and concluded petitioner failed to demonstrate being well positioned to advance the proposed endeavor.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | AAO found petitioner established substantial merit and national importance of proposed research in AI and machine learning. |
 Well positioned | Not met | AAO withdrew SCOPS finding and concluded petitioner failed to demonstrate being well positioned to advance the proposed endeavor. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed second prong; third prong arguments reserved. |
A published decision describes one case. It is not legal advice and not a prediction for yours.