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, an Assistant Research Professor, proposed to continue research developing AI-driven algorithms, protocols, and hardware/software for next-generation wireless communications, including V2X communications and AI-enabled O-RAN networks for 5G/6G systems.
Field: wireless communications / electrical engineering (V2X, 5G/6G, AI-driven networking) · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS and AAO agreed Petitioner qualifies as an advanced degree professional based on his PhD in electrical engineering.
Prong 1 — national importanceestablished
“The record thus shows the Petitioner's proposed endeavor has national and global implications in his field.”
“On appeal, the Petitioner has thus established the national importance of his proposed endeavor and demonstrated that he meets the first Dhanasar prong.”
AAO decision text
Prong 2 — well positionedestablished
“On appeal, the Petitioner has thus demonstrated that he is well positioned to advance his proposed endeavor.”
AAO decision text
Prong 3 — balance of factorsnot established · dispositive
“The record also does not establish that the national interest in the Petitioner's contributions is sufficiently urgent to warrant forgoing the labor certification process.”
“While we recognize the value ofthe Petitioner's advanced STEM degree, his work in furthering critical and emerging technology, and that he is well positioned to advance his proposed STEM endeavor of national importance, the record does not establish that that on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.”
“In fact, the record shows the Petitioner was offered his current job as an Assistant Research Professor”
AAO decision text
How the evidence was treated
- recommendation letter · credited
- citations publications · credited
- funding · credited
- degree · credited
- business plan · credited
All 6 evidence items
- other · credited
Where this case turned
- Strong positive factor rejected · p3 — the STEM critical-and-emerging-technology factor was claimed but not accepted on the record
- Urgency not established · p3 — no reason shown why the benefit cannot wait for labour certification
Notable
Petitioner prevailed on prongs one and two, including NSF funding and independent citation of his work, and was acknowledged to have 'strong positive factors' under USCIS's STEM policy (advanced STEM degree, critical/emerging technology, well-positioned status), but the appeal was dismissed solely because the AAO found the urgency element of prong three unmet, noting the Petitioner already held a job offer and made no argument that obtaining labor certification was impractical.
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
- Flores v. Garland
- INA 203(b)(2)
- USCIS Policy Manual F.5(D)(2)
What this case teaches
Analyst reading of the decision text.
He won prongs one and two on appeal (NSF funding, applied findings, 175 citations), but lost prong three: he held a job offer, never argued labor certification was impractical, and showed no urgency warranting the waiver.
Prong three is its own case: even with importance and positioning proven, argue why labor certification is impractical or urgent, because holding a job offer invites the opposite inference.
specific
critical_emerging_tech · us_competitiveness · government_interest
endeavor_focused
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