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EB-2 NIWComputer science and AIIndividualDecided January 2026Remanded

Outcome: Remanded

JAN052026_02B5203

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

Our summary

AI algorithm developer sought EB-2 with national interest waiver for U.S. work. SCOPS found substantial merit and national importance but concluded insufficient evidence of qualification to advance endeavor and that waiver would benefit U.S. AAO remanded because petitioner's employment circumstances changed materially since filing; clarification needed on how endeavor will be pursued.

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 found proposed endeavor has substantial merit and national importance

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceMetSCOPS found proposed endeavor has substantial merit and national importance
Well positionedNot reached / not discussedSCOPS found insufficient evidence; changed employment circumstances prevent adequate analysis
Balance favors a waiverNot reached / not discussedCannot analyze balance without resolving changed employment and endeavor scope

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

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