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 proposes to conduct preclinical research by developing and integrating advanced computer vision, multi-object tracking, and large language models to accelerate drug discovery in neuroscience, aging, and sleep research, with the goal of improving U.S. public health and economic competitiveness.
Field: computer science / AI-driven drug discovery · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS determined and AAO agreed that the Petitioner qualifies as a member of the professions holding an advanced degree.
Prong 1 — national importanceestablished
“SCOPS' denial decision does not include sufficient analysis as to whether the Petitioner's proposed endeavor has substantial merit or national importance.”
“the denial decision does not clearly address whether the Petitioner's proposed endeavor has substantial merit and appears to conclude that it would not involve STEM technology.”
AAO decision text
Prong 2 — well positionedestablished
“SCOPS first stated that 'the evidence does not demonstrate the petition is well positioned to advance the proposed endeavor,' followed by an apparent typographical error including internal commentary.”
“The denial then proceeded to state in contradiction that the Petitioner had established eligibility under the second prong of Dhanasar.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“SCOPS' determination as to national importance includes little meaningful analysis relevant to the Petitioner's assertions and the evidence he submitted in response to the RFE”
AAO decision text - other · discounted
“these did not show how his proposed endeavor had national importance”
AAO decision text
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Notable
The AAO remanded primarily because SCOPS' denial was procedurally defective: it failed to analyze substantial merit under prong 1, appeared to incorrectly conclude the endeavor did not involve STEM technology, and contained an internal typographical error under prong 2 that produced a self-contradictory determination (simultaneously finding the petitioner both not well-positioned and eligible under prong 2). The AAO expressed no opinion on the ultimate merits.
What this case teaches
Analyst reading of the decision text.
SCOPS' denial lacked reasoned analysis addressing petitioner's RFE evidence and support letters, and contained an internal contradiction on prong two, requiring remand for proper Dhanasar analysis.
Petitioners should ensure adjudicators fully engage submitted evidence; procedural remands arise from inadequate agency analysis, not necessarily strength of the underlying case.
moderate
public_health · economic_job_creation · us_competitiveness · critical_emerging_tech
mixed
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