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EB-2 NIWComputer science and AIEmployerDecided June 2026Remanded

Outcome: Remanded

JUN042026_01B5203

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

Our summary

A semiconductor technology researcher with a Ph.D. sought NIW under Dhanasar. USCIS denied, finding advanced degree qualification but failing all three Dhanasar prongs. AAO remanded, finding USCIS did not meaningfully evaluate the record or address petitioner's evidence.

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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedUSCIS provided generalized statements without analyzing specific evidence of national importance.
Well positionedNot reached / not discussedUSCIS concluded without analysis; AAO required thorough evaluation of education, skills, and track record.
Balance favors a waiverNot reached / not discussedUSCIS did not address petitioner's specific evidence or arguments regarding balancing factors.

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

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