This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The Petitioner, a computer scientist, proposed to work as an assistant professor developing security schemes for wireless sensor networks and IoT devices to improve cyberattack detection and prevention, including specific research on ransomware detection, blockchain-enhanced IoT security, and related topics.
Field: computer science / cybersecurity (wireless sensor networks, IoT) · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found the initial credential evaluation insufficient to show U.S. degree equivalency, but AAO found the full course-by-course evaluation submitted in response to the RFE established the Petitioner holds the equivalent of a U.S. doctorate.
Prong 1 — national importanceestablished
Prong 2 — well positionedestablished
Prong 3 — balance of factorsnot established · dispositive
“The Petitioner has not established that it would be impractical either for him to secure a job offer or to obtain a labor certification.”
“the Petitioner's support letters do not indicate that the national interest in his contributions is so urgent it would warrant forgoing the labor certification process.”
AAO decision text
How the evidence was treated
- recommendation letter · credited
- citations publications · credited
- degree · credited
- other · credited
Where this case turned
- NEW impracticality not established · p3
- Urgency not established · p3 — no reason shown why the benefit cannot wait for labour certification
Notable
The Petitioner satisfied prongs one and two, and even satisfied two of the three STEM-related 'strong positive factor' considerations under USCIS Policy Manual F.5(D)(2) (advanced STEM degree and critical/emerging technology work), yet the appeal was dismissed solely because the third Dhanasar prong's impracticality and urgency factors were not established, illustrating a case decided entirely on prong three despite favorable findings elsewhere.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
- INA 203(b)(2)
- USCIS Policy Manual F.5(D)(2)
Cases in adjacent profiles
- The Petitioner, a senior principal biostatistician, proposes to develop innovative statistical and machine-learning meth
- The Petitioner proposed to use advanced deep learning and machine learning models to create efficient, safe, and well-pe
- The Petitioner proposes to advance machine learning methods for the design and optimization of advanced metamaterials an
- The Petitioner, a postdoctoral chemist, proposed to continue developing high-performance materials and novel synthetic m
- The Petitioner proposes to design novel sensor data processing methods and machine learning algorithms for smart wearabl