EB-2 NIWComputer science and AIEmployerDecided March 2025Dismissed
Outcome: Dismissed
MAR042025_02B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot met
Our summary
Software engineer with Ph.D. in electrical and computer engineering sought EB-2 national interest waiver. Director found first prong met but third prong failed. AAO affirmed first prong for research only but withdrew finding on second prong. Petitioner failed third prong: work primarily benefits employer, no evidence labor certification inappropriate, insufficient urgency. Dismissed.
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 · Director and AAO found substantial merit and national importance for proposed research endeavor
What was missing
- Well positioned · Petitioner primarily employed as software engineer; no clear plan to continue research; publication predated employment
- Balance favors a waiver · Work primarily benefits employer; no demonstration labor certification inappropriate or national urgency warranting waiver
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Director and AAO found substantial merit and national importance for proposed research endeavor |
 Well positioned | Not met | Petitioner primarily employed as software engineer; no clear plan to continue research; publication predated employment |
 Balance favors a waiver | Not met | Work primarily benefits employer; no demonstration labor certification inappropriate or national urgency warranting waiver |
A published decision describes one case. It is not legal advice and not a prediction for yours.