EB-2 NIWComputer science and AIEmployerDecided January 2026Dismissed
Outcome: Dismissed
JAN072026_01B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
Computer scientist employed as engineering associate proposed developing proprietary software for AI safety and trust. AAO affirmed denial because proposed work lacked national importance, benefiting only the specific employer despite national footprint, even though petitioner was well positioned.
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
- Well positioned · SCOPS determined and AAO acknowledged petitioner is well positioned to advance proposed endeavor
What was missing
- Merit and national importance · Proposed endeavor of developing proprietary software lacks national importance; benefits specific employer only
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor of developing proprietary software lacks national importance; benefits specific employer only |
 Well positioned | Met | SCOPS determined and AAO acknowledged petitioner is well positioned to advance proposed endeavor |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; issue reserved |
A published decision describes one case. It is not legal advice and not a prediction for yours.