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remanded EB-2 (NIW) RFE Issued

Research Scientist

Artificial Intelligence (AI) Algorithms · 2025-03-04

Decision Date
2025-03-04
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes to continue her research on developing artificial intelligence (AI) algorithms, including deep reinforcement learning (RL) algorithms, to solve real-world sequential decision-making problems. Her work will focus on building better language models and improving AI virtual assistants (chatbots) in terms of multi-objective handling, multi-step reasoning, and alignment with human preferences. Specific projects include enhancing the factuality of large language models and improving off-line data efficiency for reinforcement learning.

Framework Evaluation

1 of 3 criteria met
1 The individual is well-positioned to advance their proposed endeavor Met

The Director determined, and the AAO agreed, that the Petitioner is well-positioned to advance her proposed endeavor.

2 The proposed endeavor has both substantial merit and national importance Partially Met

The Director concluded that the Petitioner demonstrated the substantial merit of her endeavor but did not establish its national importance. The AAO agreed on substantial merit but remanded for re-evaluation of national importance, noting the Director's oversight of evidence.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director concluded that the Petitioner did not establish this prong, primarily based on an erroneous assumption about localized benefits. The AAO found the Director's analysis insufficient and remanded for a proper weighing of evidence.

Why This Petition Was Remanded

The Director denied the petition, concluding the petitioner did not establish national importance (Prong 1) or that a waiver would benefit the U.S. (Prong 3). The AAO found the Director disregarded evidence regarding the dissemination of research for Prong 1 and failed to sufficiently analyze or explain the weighing of evidence for Prong 3. The AAO agreed that the petitioner met Prong 2.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence, to which the petitioner responded with an updated personal statement, employment letter, and proof of research dissemination. However, the Director's subsequent decision appeared to disregard this submitted evidence.

RFE Targets
The proposed endeavor has both substantial merit and national importanceOn balance, waiving the job offer requirement would benefit the United States

Evidence

Evidence Types
Peer Reviewed Publications
Conference Presentations

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Frequently Asked Questions

A remanded EB-2 NIW petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-04.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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