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 proposed to conduct research on foundational machine learning model disentanglement, generalizable across diverse modalities and domains, to facilitate AI interpretability and model control, including distinguishing AI-generated from human-generated content.
Field: machine learning / artificial intelligence · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS found and AAO confirmed the Petitioner qualifies as a member of the professions holding an advanced degree (Master of Science in Electrical Engineering). Threshold EB-2 was not at issue on appeal.
Prong 1 — national importanceestablished
“As the Petitioner has demonstrated both the substantial merit and national importance of her proposed research, she has established that she meets the first prong of the Dhanasar framework.”
“We withdraw SCOPS' determination that the Petitioner did not establish the national importance of her proposed endeavor under Dhanasar's first prong.”
AAO decision text
Prong 2 — well positionednot established · dispositive
“he does not elaborate on the extent to which their specific findings are being utilized in the industry.”
“she does not offer specific examples of how their work has affected the field, or otherwise shows success or progress at a level that renders the Petitioner well positioned”
“the Petitioner has not shown that the level of interest in their findings or her record of success in research is sufficient to demonstrate she is well positioned”
“the Petitioner relies on citation information concerning the larger field of computer science and compares her citation frequency in machine learning to that of the larger field”
“a high citation number might show that others in the field have noticed the Petitioner's work, but it does not confirm that her work has impacted or advanced the field”
“none highlight or comment upon her research in a way that demonstrates she is well positioned to advance the proposed endeavor.”
“while her master's degree renders her eligible for the underlying EB-2 visa classification, she has not shown that her academic accomplishments by themselves are sufficient”
“she has not demonstrated that the level and frequency of her participation in the widespread peer review process represents a record of success in her field”
“The Petitioner, however, has not sufficiently demonstrated that her work constitutes a record of success or progress in machine learning research rendering her well positioned”
AAO decision text
Prong 3 — balance of factorsnot established · dispositive
“the Petitioner has not demonstrated that she is well positioned to advance the proposed endeavor or that her machine learning contributions supersede the benefits of protecting the domestic labor supply”
“The record indicates that the Petitioner has maintained her research collaborations and continued to publish her research since joining”
“This information undermines her arguments regarding the impracticality of obtaining labor certification.”
“The Petitioner has not shown that she offers contributions of such value that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements even assuming that other qualified U.S. workers are available.”
AAO decision text
How the evidence was treated
- resume experience · credited
- recommendation letter · discounted
“does not elaborate on the extent to which their specific findings are being utilized in the industry”
AAO decision text - citations publications · discounted
“a high citation number might show that others in the field have noticed the Petitioner's work, but it does not confirm that her work has impacted or advanced the field”
AAO decision text - other · discounted
“the record does not indicate that their methods have been accepted and implemented by the academic community”
AAO decision text - degree · discounted
“while her master's degree renders her eligible for the underlying EB-2 visa classification, she has not shown that her academic accomplishments by themselves are sufficient”
AAO decision text
All 6 evidence items
- other · discounted
“she has not demonstrated that the level and frequency of her participation in the widespread peer review process represents a record of success in her field”
AAO decision text
Where this case turned
- Citations insufficient · p2 — citation counts without qualitative account of impact
- Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
- Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
- No progress evidence · p2 — no documented movement toward the endeavor since filing
- Record of success insufficient · p2 — a claimed track record the documents do not establish
- Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground
- Urgency not established · p3 — no reason shown why the benefit cannot wait for labour certification
- U.S. worker availability · p3 — the impracticality of a labour-market test was asserted, not established
Notable
AAO partially reversed SCOPS, crediting prong 1 (national importance) and withdrawing SCOPS' prong 2 finding in the petitioner's favor on framing, but ultimately found prong 2 failed on the merits. The decision contains a notable discussion of bibliometric methodology, citing the Bornmann & Marx Scientometrics article the petitioner herself submitted, and using it against her by noting the authors advise against Google Scholar for bibliometric analysis and recommend excluding self-citations. The petitioner was listed as one of more than 500 coauthors on her most-cited paper (6,030 citations), and the AAO specifically discounted that paper on that basis. The AAO also noted that the petitioner's ongoing research collaborations and continued publications while employed undermined her impracticality-of-labor-certification argument under prong 3.
What this case teaches
Analyst reading of the decision text.
Prong 1 was met, but her citation record, high journal rankings, and a 6,030-cite paper with 500+ coauthors showed interest, not a record of success; she failed well-positioned and prong three.
A large citation count is not a record of success; show your findings were used or influential and that you led the work; a 500-coauthor paper does not distinguish you.
specific
critical_emerging_tech · field_advancement
person_focused
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