EB-2 NIWComputer science and AIEmployerDecided January 2026Dismissed
Outcome: Dismissed
JAN222026_05B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Senior software engineer with PhD in computer science proposes distributed query optimization research. AAO found the research endeavor meritorious but distinguished between proposed independent research and employer-specific benefits, finding the latter lacks national importance. Petition dismissed because petitioner failed second prong.
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 · AAO agreed proposed research on distributed query optimization is substantially meritorious; disagreed on national importance of employer-specific work
What was missing
- Well positioned · PhD in STEM field alone insufficient; petitioner failed to demonstrate adequate record of success or clear connection between research and employment
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | AAO agreed proposed research on distributed query optimization is substantially meritorious; disagreed on national importance of employer-specific work |
 Well positioned | Not met | PhD in STEM field alone insufficient; petitioner failed to demonstrate adequate record of success or clear connection between research and employment |
 Balance favors a waiver | Not reached / not discussed | Not reached because second prong failed; balance analysis reserved |
A published decision describes one case. It is not legal advice and not a prediction for yours.