EB-2 NIW Appeals: Computer Science
Last updated 2026-09-02
The AAO dismissed 86.2% of EB-2 NIW appeals from Computer Science petitioners in published non-precedent decisions from 2018–2025 (n=29). 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 | 0 | 5 |
| 2024 | 10 (—) | 1 | 0 | 11 |
| 2023 | 3 (—) | 1 | 0 | 4 |
| 2022 | 2 (—) | 0 | 0 | 2 |
| 2021 | 1 (—) | 0 | 1 | 2 |
| 2020 | 2 (—) | 1 | 0 | 3 |
| 2018 | 2 (—) | 0 | 0 | 2 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prong 1: Substantial merit and national importance | 24 | 3 | 28 | 85.7% |
| Prong 2: Well positioned to advance the endeavor | 21 | 3 | 25 | 84.0% |
| Prong 3: On balance, waiver benefits the U.S. | 21 | 2 | 24 | 87.5% |
Example Decisions
Sustained2023-12-18The appeal was sustained because the AAO determined that the petitioner's proposed endeavor in advanced computing and ar
Sustained2024-11-27The appeal was sustained because the AAO found that the petitioner, a computer science researcher, met the criteria for
Sustained2020-02-07The appeal was sustained because upon de novo review, the AAO found that the petitioner satisfied all three prongs of th
Dismissed2025-03-10The appeal was dismissed because the petitioner failed to establish the 'national importance' prong of the Dhanasar fram
Dismissed2025-02-21The appeal was dismissed because the petitioner failed to establish that their proposed endeavor has national importance
Dismissed2024-11-27The appeal was dismissed because the petitioner failed to establish that his proposed endeavor was of national importanc
Dismissed2024-08-23The appeal was dismissed because while the petitioner's proposed endeavor in human-robot interaction was found to have s
Dismissed2024-05-02The appeal was dismissed because the AAO first withdrew the Director's finding that the petitioner qualified as an advan
Dismissed cases most often lacked a clearly defined proposed endeavor with specificity beyond a general field of work; evidence that benefits extend beyond the petitioner’s own work or employer.
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2016 | 0 (—) | 1 | 0 | 1 |
| 2015 | 3 (—) | 1 | 0 | 4 |
| 2014 | 2 (—) | 0 | 0 | 2 |
| 2012 | 3 (—) | 0 | 0 | 3 |
| 2011 | 1 (—) | 0 | 0 | 1 |
| 2010 | 1 (—) | 0 | 0 | 1 |
| 2006 | 1 (—) | 0 | 0 | 1 |
| 2005 | 1 (—) | 0 | 0 | 1 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Intrinsic merit (NYSDOT) | 10 | 1 | 11 |
| National in scope (NYSDOT) | 10 | 1 | 11 |
| Substantially greater degree than U.S. worker (NYSDOT) | 9 | 1 | 10 |
| Exceptional ability | 6 | 0 | 6 |
| Advanced degree | 2 | 0 | 2 |
| 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 |
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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