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EB-2 NIWComputer science and AIIndividualDecided December 2023Sustained

Outcome: Sustained

DEC182023_02B5203

Merit and national importanceMetWell positionedMetBalance favors a waiverMet

Our summary

A research scientist pursuing a Ph.D. in advanced computing sought an EB-2 national interest waiver. The AAO sustained the appeal, finding the proposed research in machine learning and process optimization has substantial merit and national importance, the petitioner is well-positioned to advance it given his expertise and track record, and waiving the job offer requirement would benefit the United States.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Merit and national importance · Research in advanced computing and machine learning algorithms has national importance with demonstrated applications in real-world logistics optimization.
  • Well positioned · Petitioner has considerable expertise, Ph.D. training in progress, track record of successful research, and documented contributions to open-source projects.
  • Balance favors a waiver · Significant research contributions and tangible impact on field indicate petitioner offers value to U.S. interests despite availability of qualified domestic workers.

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceMetResearch in advanced computing and machine learning algorithms has national importance with demonstrated applications in real-world logistics optimization.
Well positionedMetPetitioner has considerable expertise, Ph.D. training in progress, track record of successful research, and documented contributions to open-source projects.
Balance favors a waiverMetSignificant research contributions and tangible impact on field indicate petitioner offers value to U.S. interests despite availability of qualified domestic workers.

A published decision describes one case. It is not legal advice and not a prediction for yours.

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