NIW Bearings
sustainedDEC182023_02B52032023-12-18 · appeal · Texas Service Center

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 science PhD candidate, proposed to continue research in advanced computing using artificial intelligence to optimize data-driven decisions, including hardware design automation and process optimization for next-generation computing platforms.

Field: computer science / artificial intelligence / advanced computing · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found and AAO agreed Petitioner qualifies as advanced degree professional; not disputed on appeal.

Prong 1 — national importanceestablished

Prong 2 — well positionedestablished

Prong 3 — balance of factorsestablished

How the evidence was treated

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

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

Rare fully sustained NIW appeal where all three Dhanasar prongs were credited; AAO noted the Director had inconsistently found national importance in the RFE but not in the final decision, and AAO sided with the RFE's initial favorable finding.

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
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Corroborated evidence that a specific project he co-created was actively adopted by multiple named U.S. software companies, combined with expert letters calling his contributions 'landmark,' established national importance and satisfied all three Dhanasar prongs.

Transferable lesson

Support national-importance claims with concrete, verifiable evidence of adoption or use of the specific technical contribution by named U.S. entities, not just generic field-benefit assertions.

Endeavor framing

specific

National-importance theory

critical_emerging_tech · field_advancement · us_competitiveness

Evidence targeting

mixed

Cases in adjacent profiles