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EB-2 NIWComputer science and AIEmployerDecided January 2026Dismissed

Outcome: Dismissed

JAN302026_01B5203

Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

An employer petitioned for an EB-2 national interest waiver for a machine learning engineer developing deep learning and NLP models. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate that the specific proposed endeavor had national importance despite evidence of AI field importance.

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 · Petitioner established substantial merit but failed to demonstrate national importance of specific machine learning endeavor; evidence addressed field importance, not specific project impact

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner established substantial merit but failed to demonstrate national importance of specific machine learning endeavor; evidence addressed field importance, not specific project impact
Well positionedNot reached / not discussedFirst prong failed; second prong not reached
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached

A published decision describes one case. It is not legal advice and not a prediction for yours.

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