dismissedJUL082026_05B52032026-07-08 · 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 Ph.D. candidate in computer science and research intern, proposed to build a unified multimodal generative AI model enabling cross-modal generation (e.g., text-to-video, text-to-speech) to help creators and businesses produce media more efficiently.
Field: generative artificial intelligence / computer science · Read the decision (uscis.gov)
EB-2 threshold — addressed
USCIS found the Petitioner qualified as a member of the professions holding an advanced degree, and this was not disputed on appeal.
Prong 1 — national importanceestablished
“We agree with USCIS' determination that the Petitioner's proposed endeavor has substantial merit.”
“We withdraw USCIS' conclusion that the Petitioner did not establish the national importance of his proposed endeavor under Dhanasar's first prong.”
AAO decision text
Prong 2 — well positionednot established · dispositive
“he did not elaborate on the extent to which the Petitioner's specific framework has been utilized in the artificial intelligence field”
“the Petitioner has not shown that this level of interest in his work or his record of success in research is sufficient to demonstrate he is well positioned”
“a high citation number might show that others in the field have noticed the Petitioner's work, but it does not confirm that his work has impacted or advanced the field”
“he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor”
“A degree in and of itself, however, is not a sufficient basis to determine that a person is well positioned to advance the proposed endeavor”
“he has not demonstrated that his participation in the widespread peer review process represents a record of success in his field”
AAO decision text
Prong 3 — balance of factorsnot established · dispositive
“Here, the Petitioner has not demonstrated that he is well positioned to advance the proposed endeavor or that his generative artificial intelligence contributions supersede the benefits of protecting the domestic labor supply”
“Nor has the Petitioner explained how his current or future position with prevents him from engaging in generative artificial intelligence research projects or why the company is unable to file a labor certification on his behalf”
“The Petitioner has not shown that he 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
- recommendation letter · discounted
“he did not elaborate on the extent to which the Petitioner's specific framework has been utilized in the artificial intelligence field”
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 his work has impacted or advanced the field”
AAO decision text - degree · discounted
“A degree in and of itself, however, is not a sufficient basis to determine that a person is well positioned to advance the proposed endeavor”
AAO decision text - resume experience · discounted
“he has not demonstrated that his participation in the widespread peer review process represents a record of success in his 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
- 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
- U.S. worker availability · p3 — the impracticality of a labour-market test was asserted, not established
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Notable
AAO reversed USCIS on prong 1 (finding national importance established) but affirmed denial on prongs 2 and 3, expressly designating each as an independent and alternate basis for dismissal despite the partial reversal.
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. 204.5(k)(2)
- Flores v. Garland
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