EB-2 NIWComputer science and AIIndividualDecided March 2026Dismissed
Outcome: Dismissed
MAR112026_04B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Post-doctoral fellow in industrial engineering and operations research sought EB-2 NIW for machine learning research. AAO found endeavor had substantial merit and national importance but petitioner lacked sufficient positioning to advance it. Appeal 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 · AAO agreed endeavor had substantial merit and national importance in machine learning optimization research
What was missing
- Well positioned · Master's degree alone insufficient; petitioner failed to demonstrate sufficient positioning across totality of record
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | AAO agreed endeavor had substantial merit and national importance in machine learning optimization research |
 Well positioned | Not met | Master's degree alone insufficient; petitioner failed to demonstrate sufficient positioning across totality of record |
 Balance favors a waiver | Not reached / not discussed | Second prong not satisfied; balance analysis reserved as unnecessary to ultimate decision |
A published decision describes one case. It is not legal advice and not a prediction for yours.