EB-2 NIWComputer science and AIIndividualDecided February 2026Sustained
Outcome: Sustained
FEB052026_03B5203
Merit and national importanceMetWell positionedMetBalance favors a waiverMet
Our summary
Computer scientist with Ph.D. in computer and information engineering seeks NIW for EB-2 to conduct machine learning and optimization research. AAO sustained appeal, finding all three Dhanasar prongs satisfied because SCOPS misconstrued proposed endeavor and undervalued contributions to critical STEM technology advancement.
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 endeavor involving machine learning and optimization theory has prospective impact rising to national importance level.
- Well positioned · Evidence shows petitioner with Ph.D. in computer and information engineering is well-positioned to advance proposed endeavor.
- Balance favors a waiver · Advanced STEM degree holder advancing critical emerging technology offers contributions valuable enough to benefit US despite available qualified workers.
What was missing
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Research endeavor involving machine learning and optimization theory has prospective impact rising to national importance level. |
 Well positioned | Met | Evidence shows petitioner with Ph.D. in computer and information engineering is well-positioned to advance proposed endeavor. |
 Balance favors a waiver | Met | Advanced STEM degree holder advancing critical emerging technology offers contributions valuable enough to benefit US despite available qualified workers. |
A published decision describes one case. It is not legal advice and not a prediction for yours.