Artificial Intelligence (AI) And Machine Learning (ML) Technology · 2024-08-28
Decision Date
2024-08-28
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 is the cofounder and chief executive officer of a company specializing in developing search and find methodologies using artificial intelligence (AI) and machine learning (ML) technology. According to the Petitioner, he intends to "continue to work as a [b]usiness [ e ]xecutive and [r]esearcher focusing on creating, deploying, and managing [s]earch & [f]ind [m]ethodologies in various subfields." Through his company, he currently uses his search and find methodologies in the minerals exploration sector to "detect concealed mineral deposits in underexplored covered terrains," and plans to adapt his company's search and find discovery platform to discover additional renewable energy sources. The Petitioner intends to "generat[e] significant value by using [the] technology to [identify and] build a portfolio of mineral assets," and in tum, enter into agreements with mining partners to initiate the mining of theses targeted areas, granting the company a portion of ownership over the minerals discovered. He intends to "deliver a portfolio of high-confidence prospect-scale targets with secured ground, ready to be drilled in a short period of time," and then outsource the drilling and retrieval of these minerals by partnering with mining companies to "subsequently earn purely through royalties and minority equity."
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
USCIS agreed the endeavor had substantial merit but found the petitioner did not establish its national importance, as the benefits were limited to the company and its partners and lacked broader implications for the field or significant positive economic effects.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. USCIS found that while the endeavor had substantial merit, the evidence did not show broader implications beyond direct benefits to the petitioner's company and partners. The company employs five U.S. workers and relies on contractors, but the petitioner did not substantiate how this employment or the company's asserted $56,000,000 valuation would lead to significant national economic benefits. Additionally, the Director's determination that the petitioner qualified for EB-2 as an individual of exceptional ability was withdrawn, as the evidence for 10 years of experience, commanding a high salary, and recognition for significant contributions was deemed insufficient or uncorroborated.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested additional evidence regarding the national importance of the petitioner's endeavor and his eligibility for EB-2 classification. The petitioner submitted a brief on appeal but did not supplement the record with new evidence, and the RFE's concerns regarding national importance were not resolved.
RFE Targets
The proposed endeavor has both substantial merit and national importance
The petitioner proposes to expand his company, which provides artificial intelligence (AI) enabled customer experience software, by implementing it in medium to large organizations in the U.S. and globally. He intends to partner with certified distributors and consultants to deliver innovative AI capabilities, boost customer engagement, and provide exceptional return on investment, while also relocating his company from Israel to the U.S. and developing an innovation center in Ohio.
The Petitioner's proposed endeavor involves innovations in artificial intelligence and customer service, with technology aimed at benefiting companies and customers, aiding in fraud prevention and detection, and generating substantial economic impact for economically disadvantaged areas, with the potential to generate millions of dollars.
The petitioner proposes to employ advanced artificial intelligence (AI) and engineering techniques for improving machine learning models, refining datasets, and optimizing training procedures to enhance search and advertising quality on digital platforms. This endeavor aims to enhance the quality of advertisements across digital platforms, enabling services and products to be viewable in relevant environments and benefiting the global digital economy.
The petitioner proposes to start and serve as the chief executive officer (CEO) of an IT-focused consulting service company. This company aims to support the growing demand for professionals by providing specialized and technical courses, seminars, and workshops to improve information technology consultants' knowledge.
Frequently Asked Questions
A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.
