EB-2 NIWComputer science and AIEmployerDecided October 2025Dismissed
Outcome: Dismissed
OCT092025_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
AI/ML software engineer sought EB-2 national interest waiver for on-device machine learning development. AAO found substantial merit but no national importance. Letters claiming critical role insufficient without corroborating evidence of broader field implications or economic effects. Second and third Dhanasar prongs not reached.
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 · Specific endeavor lacks prospective impact demonstrating national importance; unsupported assertions insufficient
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Specific endeavor lacks prospective impact demonstrating national importance; unsupported assertions insufficient |
 Well positioned | Not reached / not discussed | Not reached; first prong failure dispositive; prong reserved |
 Balance favors a waiver | Not reached / not discussed | Not reached; first prong failure dispositive; prong reserved |
A published decision describes one case. It is not legal advice and not a prediction for yours.