EB-2 NIW Appeals: AI/ML & Data Science
Last updated 2026-09-02
The AAO dismissed 58.8% of EB-2 NIW appeals from AI/ML & Data Science petitioners in published non-precedent decisions from 2018–2025 (n=34). The criterion most often at issue was Prong 1: Substantial merit and national importance.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 5 (—) | 0 | 1 | 6 |
| 2024 | 12 (—) | 4 | 2 | 18 |
| 2023 | 1 (—) | 0 | 2 | 3 |
| 2022 | 0 (—) | 0 | 1 | 1 |
| 2021 | 0 (—) | 1 | 2 | 3 |
| 2020 | 2 (—) | 0 | 0 | 2 |
| 2018 | 0 (—) | 1 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 22 | 6 | 36 | 61.1% |
| Prong 2: Well positioned to advance the endeavor | 18 | 6 | 31 | 58.1% |
| Prong 3: On balance, waiver benefits the U.S. | 16 | 6 | 28 | 57.1% |
Example Decisions
Sustained2024-11-04The appeal was sustained because the AAO found the petitioner, a data scientist in climate change, met all three prongs
Sustained2024-08-19The Director denied the petition, finding the petitioner did not meet the second prong of the Dhanasar framework, i.e.,
Sustained2024-04-29The appeal was sustained because the AAO determined that the petitioner met all three prongs of the Dhanasar framework.
Sustained2018-07-13The appeal was sustained because upon de novo review, the AAO found that the petitioner satisfied the criteria for a nat
Sustained2024-03-19The appeal was sustained because the AAO determined that the petitioner, an artificial intelligence researcher, successf
Dismissed2025-03-04The appeal was dismissed because the petitioner failed to demonstrate the national importance of his proposed endeavor.
Dismissed2024-12-17The motions to reopen and reconsider were dismissed because the petitioner failed to establish that the prior decision w
Dismissed2023-10-02The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor und
Dismissed2025-03-07The appeal was dismissed because the petitioner failed to establish the national importance of their proposed endeavor.
Dismissed2025-03-05The appeal was dismissed. Although the AAO overturned the Director's negative findings regarding the proposed endeavor's
In sustained EB-2 NIW appeals for AI/ML & Data Science petitioners, the AAO credited evidence such as clinical protocols or treatment outcomes adopted by other institutions. Dismissed cases most often lacked evidence that benefits extend beyond the petitioner’s own work or employer; that waiving the job offer requirement would benefit the U.S. on balance (Dhanasar prong 3).
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2016 | 0 (—) | 1 | 0 | 1 |
| 2008 | 0 (—) | 1 | 0 | 1 |
| 2007 | 1 (—) | 0 | 0 | 1 |
| 2006 | 1 (—) | 0 | 0 | 1 |
| 2005 | 4 (—) | 0 | 0 | 4 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 6 | 1 | 7 |
| National in scope (NYSDOT) | 6 | 1 | 7 |
| Substantially greater degree than U.S. worker (NYSDOT) | 6 | 1 | 7 |
| Prong 1: Substantial merit and national importance | 0 | 1 | 1 |
| Prong 2: Well positioned to advance the endeavor | 0 | 1 | 1 |
| Prong 3: On balance, waiver benefits the U.S. | 0 | 1 | 1 |
| Advanced degree | 1 | 0 | 1 |
| Exceptional ability | 1 | 0 | 1 |
Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2018–2025); the prior NYSDOT framework applied different legal standards. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.
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