EB-2 NIWComputer science and AIIndividualDecided January 2026Dismissed
Outcome: Dismissed
JAN072026_02B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
An artificial intelligence researcher sought EB-2 with national interest waiver without labor certification. The AAO affirmed the service center's finding that the proposed research endeavor lacked the substantial merit and national importance required under Dhanasar's first prong, dismissing the appeal.
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 · Service center determined petitioner met this prong; AAO did not disturb it
What was missing
- Merit and national importance · Proposed research lacks demonstrated national or global impact; benefits flow narrowly to specific employer
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed research lacks demonstrated national or global impact; benefits flow narrowly to specific employer |
 Well positioned | Met | Service center determined petitioner met this prong; AAO did not disturb it |
 Balance favors a waiver | Not reached / not discussed | AAO reserved the issue as petitioner failed first prong; discretionary analysis not reached |
A published decision describes one case. It is not legal advice and not a prediction for yours.