EB-2 NIWComputer science and AIEmployerDecided March 2026Dismissed
Outcome: Dismissed
MAR162026_05B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A software engineer with a master's in computer engineering seeks EB-2 NIW for work in AI recommendation systems and APIs. The AAO dismissed the appeal, finding the endeavor failed the national importance prong of Dhanasar because benefits do not extend beyond the employer to regional or national scope.
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
- Merit and national importance · Endeavor lacks sufficient evidence of national impact beyond employer and customers; no comparable specificity to Dhanasar precedent
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Endeavor lacks sufficient evidence of national impact beyond employer and customers; no comparable specificity to Dhanasar precedent |
 Well positioned | Not reached / not discussed | First prong failed; second prong not reached per Dhanasar framework |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong not reached per Dhanasar framework |
A published decision describes one case. It is not legal advice and not a prediction for yours.