EB-2 NIWComputer science and AIEmployerDecided 2025Sustained
Outcome: Sustained
JUL022025_02B5203
Merit and national importanceMetWell positionedMetBalance favors a waiverMet
Our summary
Postdoctoral researcher in wireless communications and networking seeking EB-2 NIW. SCOPS denied; first appeal found substantial merit and positioning but denied waiver on balancing prong. Motion to reconsider granted after AAO recognized Ph.D. in STEM field working on critical emerging technology as strong positive factor for national benefit under revised Dhanasar analysis.
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 · Prior appeal decision found national importance; motion recognized critical emerging technology in communications and networking.
- Well positioned · Prior appeal decision found petitioner well positioned; Ph.D. in electrical engineering and current research position in field support advancement.
- Balance favors a waiver · Motion granted: advanced STEM degree with research in critical emerging technology sufficient to show U.S. benefit regardless of other worker availability.
What was missing
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Prior appeal decision found national importance; motion recognized critical emerging technology in communications and networking. |
 Well positioned | Met | Prior appeal decision found petitioner well positioned; Ph.D. in electrical engineering and current research position in field support advancement. |
 Balance favors a waiver | Met | Motion granted: advanced STEM degree with research in critical emerging technology sufficient to show U.S. benefit regardless of other worker availability. |
A published decision describes one case. It is not legal advice and not a prediction for yours.