EB-2 NIWComputer science and AIIndividualDecided June 2025Dismissed
Outcome: Dismissed
JUN272025_02B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot met
Our summary
AI researcher seeking EB-2 with national interest waiver claimed substantial merit, national importance, positioning to advance, and balance favoring waiver under Dhanasar. AAO found first prong met but rejected second and third prongs: petitioner lacks completed degree, secured funding, or concrete employment plans; waiver not shown beneficial to United States.
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 · Petitioner established proposed endeavor in AI for healthcare and smart cities has substantial merit and national importance with NSF-funded prior research.
What was missing
- Well positioned · Petitioner still pursuing PhD, no secured funding for proposed research, inconsistent employment plans, no demonstrated investor or user interest.
- Balance favors a waiver · No evidence of urgent national need or financial impact sufficient to warrant waiving labor certification requirement.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Petitioner established proposed endeavor in AI for healthcare and smart cities has substantial merit and national importance with NSF-funded prior research. |
 Well positioned | Not met | Petitioner still pursuing PhD, no secured funding for proposed research, inconsistent employment plans, no demonstrated investor or user interest. |
 Balance favors a waiver | Not met | No evidence of urgent national need or financial impact sufficient to warrant waiving labor certification requirement. |
A published decision describes one case. It is not legal advice and not a prediction for yours.