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EB-2 NIWComputer science and AIIndividualDecided February 2026Dismissed

Outcome: Dismissed

FEB022026_05B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed

Our summary

An optical imaging engineer self-petitioned for EB-2 NIW. The AAO affirmed that while the endeavor had substantial merit and national importance, the petitioner failed to establish he was well-positioned to advance it due to insufficient evidence of future plans, funding, or investor interest.

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 · SCOPS determination upheld on appeal

What was missing

  • Well positioned · Lacks credible plan; recommendation letter lacked letterhead and contact information; no demonstrated funding or investor interest

Criteria

CriterionReadingWhy
Merit and national importanceMetSCOPS determination upheld on appeal
Well positionedNot metLacks credible plan; recommendation letter lacked letterhead and contact information; no demonstrated funding or investor interest
Balance favors a waiverNot reached / not discussedNot reached due to failure on second prong

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

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