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EB-2 NIWComputer science and AIIndividualDecided October 2025Dismissed

Outcome: Dismissed

OCT082025_03B5203

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

Our summary

A Ph.D. software engineering student sought EB-2 classification with a national interest waiver. The petitioner claimed three exceptional ability criteria. The AAO found the petitioner met one criterion but withdrew a prior favorable determination on professional membership, leaving the petitioner unable to satisfy all three claimed criteria. Appeal dismissed without reaching the national interest waiver analysis.

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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedPetitioner did not qualify for EB-2 exceptional ability; national interest waiver eligibility therefore not reached
Well positionedNot reached / not discussedPetitioner did not qualify for EB-2 exceptional ability; national interest waiver eligibility therefore not reached
Balance favors a waiverNot reached / not discussedPetitioner did not qualify for EB-2 exceptional ability; national interest waiver eligibility therefore not reached

A published decision describes one case. It is not legal advice and not a prediction for yours.

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