EB-2 NIWComputer science and AIIndividualDecided September 2021Dismissed
Outcome: Dismissed
SEP302021_01B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A systems engineer sought EB-2 national interest waiver for advanced degree. The AAO dismissed the appeal, finding the petitioner satisfied the first Dhanasar prong regarding substantial merit and national importance but failed the second prong: insufficient evidence he is well positioned to advance the proposed endeavor.
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 reversed Director; evidence showed proposed endeavor in systemic risk and legal accessibility has substantial merit and national importance
What was missing
- Well positioned · Petitioner did not show research frequently cited or served as impetus for progress in field affecting industry
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | AAO reversed Director; evidence showed proposed endeavor in systemic risk and legal accessibility has substantial merit and national importance |
 Well positioned | Not met | Petitioner did not show research frequently cited or served as impetus for progress in field affecting industry |
 Balance favors a waiver | Not reached / not discussed | AAO did not reach third prong balancing factors because petitioner failed second prong; further discussion would serve no meaningful purpose |
A published decision describes one case. It is not legal advice and not a prediction for yours.