EB-2 NIWComputer science and AIIndividualDecided January 2021Dismissed
Outcome: Dismissed
JAN272021_05B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Electrical engineer seeks NIW for EB-2 based on advanced degree. Petitioner proposed research on computer network frameworks. AAO found proposed endeavor had substantial merit and national importance under Dhanasar prong one. However, AAO held petitioner failed prong two: insufficient evidence demonstrated he was well positioned to advance the research despite Ph.D., publications, and citations. Appeal dismissed.
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 · Record supports determination that proposed research has substantial merit and national importance
What was missing
- Well positioned · Insufficient evidence of capacity to advance proposed research; citations not properly analyzed
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Record supports determination that proposed research has substantial merit and national importance |
 Well positioned | Not met | Insufficient evidence of capacity to advance proposed research; citations not properly analyzed |
 Balance favors a waiver | Not reached / not discussed | Not reached because second prong failed; balancing factors analysis not necessary |
A published decision describes one case. It is not legal advice and not a prediction for yours.