EB-2 NIWComputer science and AIEmployerDecided January 2026Dismissed
Outcome: Dismissed
JAN082026_02B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Computer scientist with master's degree in engineering proposed advancing AI research in deep learning for data analysis and virtual assistants. AAO found endeavor has substantial merit and national importance but petitioner is not well positioned to advance it due to insufficient record of success and impact. Appeal dismissed on second prong failure.
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 · Petitioner demonstrated substantial merit and national importance of AI research in deep learning and large language models
What was missing
- Well positioned · Citation counts and support letters insufficient to demonstrate well-positioned status without comparative field metrics
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Petitioner demonstrated substantial merit and national importance of AI research in deep learning and large language models |
 Well positioned | Not met | Citation counts and support letters insufficient to demonstrate well-positioned status without comparative field metrics |
 Balance favors a waiver | Not reached / not discussed | Failed second prong; third prong not reached as dispositive |
A published decision describes one case. It is not legal advice and not a prediction for yours.