EB-2 NIWComputer science and AIEmployerDecided January 2025Dismissed
Outcome: Dismissed
JAN302025_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot met
Our summary
An employer petitioned for EB-2 national interest waiver for a software engineer specializing in thermal management for electric vehicles. The AAO dismissed, finding the specific proposed work lacked evidence of broader industry or field implications rising to national importance, despite the importance of electric vehicle development and sustainability goals generally.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Merit and national importance · Thermal management software for electric vehicles lacks demonstrated broader implications beyond employer projects; generic occupation importance insufficient
- Balance favors a waiver · Beneficiary's contributions do not outweigh benefits of labor certification process; waiver not justified
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Thermal management software for electric vehicles lacks demonstrated broader implications beyond employer projects; generic occupation importance insufficient |
 Well positioned | Not reached / not discussed | Not reached; first prong failure is dispositive; beneficiary qualifications relate to second prong but not analyzed due to first prong failure |
 Balance favors a waiver | Not met | Beneficiary's contributions do not outweigh benefits of labor certification process; waiver not justified |
A published decision describes one case. It is not legal advice and not a prediction for yours.