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 in computer vision and AI while completing his doctorate and then working as a research scientist, developing object-detection systems, an AI cancer-detection tool for pathology imaging, and methods to safeguard object-detection systems against attacks.
Field: computer vision and artificial intelligence · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found Petitioner qualified as an advanced degree professional; AAO agreed and this was not contested on appeal.
Prong 1 — national importanceestablished
“This significant publication and citation record shows the broad impact of the Petitioner's work in his field.”
“Accordingly, 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has established the national importance of his proposed endeavor and the Director's contrary determination is withdrawn.”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
“The Petitioner has established that he is well-positioned to advance his proposed endeavor and the Director's contrary determination is withdrawn.”
AAO decision text
Prong 3 — balance of factorsnot established · dispositive
“The Petitioner has not established, however, that the national interest in his contributions is sufficiently urgent to warrant forgoing the labor certification process.”
“Consequently, the record does not support the Petitioner's claim that it would be impractical for him to obtain a job offer.”
“All of these factors are present in the Petitioner's case.”
“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 and thus of a labor certification in the Petitioner's case.”
AAO decision text
How the evidence was treated
- recommendation letter · credited
- citations publications · credited
- patents · credited
- business plan · 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 one and two, finding national importance and being well-positioned established, but dismissed the appeal solely on prong three, holding the petitioner failed to show urgency or impracticality of a job offer despite acknowledging strong STEM/critical-technology positive factors under the USCIS Policy Manual.
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
- INA 203(b)(2)
- USCIS Policy Manual F.5(D)(2)
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