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 machine learning researcher, proposed to develop scalable and efficient machine learning methodologies—including efficient personalized fine-tuning for large models, automated data curation, and efficient model architectures—to reduce computational costs of existing methods while working toward a doctorate and as an Applied Scientist.
Field: machine learning · Read the decision (uscis.gov)
EB-2 threshold — addressed
Petitioner established eligibility as an advanced degree professional via a Master of Science degree; SCOPS and AAO agreed.
Prong 1 — national importanceestablished
“the Petitioner has established the national importance of his proposed endeavor and the Director's contrary determination is withdrawn.”
AAO decision text
Prong 2 — well positionedestablished
“SCOPS determined the Petitioner is well positioned to advance his proposed endeavor. We agree.”
AAO decision text
Prong 3 — balance of factorsnot established · dispositive
“On appeal, the Petitioner does not assert or provide evidence that it would be impractical for him to either secure a job offer or to obtain a labor certification.”
“they do not indicate that the national interest in his work is so urgent it could not wait for him to obtain a labor certification.”
“Considered together, these factors do not establish that on balance, it would be beneficial to the United States to waive the requirements of a job offer”
AAO decision text
How the evidence was treated
- citations publications · credited
- recommendation letter · credited
- funding · credited
- degree · credited
Where this case turned
- Strong positive factor rejected · p3 — the STEM critical-and-emerging-technology factor was claimed but not accepted on the record
- Urgency not established · p3 — no reason shown why the benefit cannot wait for labour certification
Notable
AAO reversed the Director on prongs 1 and 2, crediting extensive citation record and multiple support letters tying the work to national security, finance, and healthcare, and even noted strong positive STEM/CET factors under USCIS Policy Manual F.5(D)(2), yet still dismissed the appeal solely because the Petitioner failed to argue impracticality of labor certification or urgency under prong 3.
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
- Flores v. Garland
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