NIW Bearings
sustainedAUG272025_03B52032025-08-27 · appeal

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 deep learning research scientist, proposed to continue developing state-of-the-art generative AI algorithms (including his rectified flow model) to improve efficiency and accessibility of AI systems for uses such as entertainment production and scientific drug discovery.

Field: artificial intelligence / deep learning · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importanceestablished

We withdraw SCOPS' determination that the Petitioner did not establish his proposed endeavor's national importance under Dhanasar 's first prong.
As the Petitioner has demonstrated both the substantial merit and national importance of his proposed research, he has established that he meets the first prong of the Dhanasar framework.

AAO decision text

Prong 2 — well positionedestablished

The Director found that the Petitioner established that he is well-positioned to advance his proposed endeavor. We agree.

AAO decision text

Prong 3 — balance of factorsestablished

Upon de novo review, we conclude that the waiver of the labor certification requirement for the Petitioner would, on balance, be beneficial to the United States.
The Petitioner has established he offers contributions of such value that, on balance, he would benefit the United States even if other qualified U.S. workers are available.

AAO decision text

How the evidence was treated

  • recommendation letter · credited
  • citations publications · credited
  • resume experience · credited

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Notable

AAO fully withdrew SCOPS's negative findings on prongs 1 and 3 (prong 2 had already been found satisfied by SCOPS), resulting in a full sustain with no failure codes assigned to any prong.

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
  • INA 203(b)(2)
  • USCIS Policy Manual F.5(D)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

AAO found rectified flow's demonstrated adoption/citation by independent researchers established national importance and prong-three balance, reversing SCOPS's narrower national-importance finding.

Transferable lesson

Support national importance with concrete technical metrics (efficiency gains) and independent experts showing downstream adoption of the specific innovation, not just credentials.

Endeavor framing

specific

National-importance theory

critical_emerging_tech · field_advancement · stem_positive_factor · us_competitiveness

Evidence targeting

endeavor_focused

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