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EB-2 NIWComputer science and AIIndividualDecided March 2026Dismissed

Outcome: Dismissed

MAY122026_03B5203

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

Our summary

An engineer and applied scientist sought EB-2 NIW classification for work in artificial intelligence and machine learning. The AAO found the proposed endeavor lacked sufficient definition and failed to demonstrate national importance distinct from general field value, as required under Dhanasar. Appeal dismissed without addressing remaining prongs.

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 · Proposed endeavor in AI/ML field lacked sufficient specificity and clarity; no demonstrated national importance beyond generic field value.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor in AI/ML field lacked sufficient specificity and clarity; no demonstrated national importance beyond generic field value.
Well positionedNot reached / not discussedFirst prong failed; second prong not reached per Dhanasar framework.
Balance favors a waiverNot reached / not discussedFirst 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.

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