How common are approved EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the Artificial Intelligence industry affect EB-2 NIW petition outcomes?

The Artificial Intelligence sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

approved EB-2 (NIW)

Applied Scientist Intern

Artificial Intelligence · China · 2025-11-22

Processing Time

175 days

Decision Date

2025-11-22

Location

Washington

This case is from a publicly available case study. Case studies tend to feature successful outcomes and may not reflect the full range of petition results.

Proposed Endeavor

The petitioner proposes to continue research in developing trustworthy and human-centered artificial intelligence systems, specifically focusing on Large Language Model (LLM) safety. The work involves creating advanced LLM-based systems that enhance productivity while implementing safeguards against bias and unfair outcomes. The intended impact is to ensure AI-driven applications operate responsibly and equitably within the United States.

Framework Evaluation

3 of 3 criteria met

1 Substantial Merit and National Importance Met

The endeavor addresses pressing national challenges in AI safety and ethical deployment, which are critical to U.S. technological interests.

2 Well-positioned to Advance the Endeavor Met

The petitioner's M.Sc. degree, extensive publication record with 768 citations, and 95 peer reviews demonstrate the expertise required to lead this research.

3 Balance of Interests Met

The petitioner's influential research record and commitment to responsible AI systems make it beneficial to the U.S. to waive the labor certification requirement.

Why This Petition Was Approved

The petition was approved based on the petitioner's record of 6 first-authored conference papers, 1 journal article, and 5 preprints, which garnered 768 citations. Additionally, the petitioner completed 95 peer reviews for top-tier venues, demonstrating a leadership role in the field. The evidence satisfied all three Dhanasar prongs by showing the work's national importance and the petitioner's strong foundation in AI research.

Evidence

Evidence Types

Peer Reviewed Publications

Citations

A approved EB-2 NIW (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-11-22.

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At a Glance

Outcome approved

Processing 175 days

Criteria Met 3 / 3

Evidence Types 6

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813

Success Rate 53.7%

Sustained 2,046

Dismissed 1,671

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Proposed Endeavor

Framework Evaluation

Why This Petition Was Approved

Evidence

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