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sustained EB-2 (NIW)

Artificial Intelligence Researcher

Artificial Intelligence · 2024-08-19

Decision Date
2024-08-19
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 applying his skills and expertise in Power/Control Systems Engineering and Artificial Intelligence to develop novel machine learning algorithms that can protect important U.S. Infrastructure, specifically by enhancing the security of machine learning algorithms used for power system cybersecurity.

Framework Evaluation

3 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Met

The Director and USCIS agreed that the Petitioner's proposed endeavor, focusing on machine learning algorithms for power system cybersecurity, has substantial merit and national importance.

2 The individual is well-positioned to advance their proposed endeavor Met

USCIS concluded, contrary to the Director, that the Petitioner's education, skills, knowledge, record of success (publications, citations, peer review, grants), and current employment demonstrate he is well-positioned.

3 On balance, waiving the job offer requirement would benefit the United States Met

USCIS determined, contrary to the Director, that the Petitioner's advanced STEM degrees, published research, expertise in AI/machine learning for cyber threats, and national academic support make a waiver beneficial to the U.S.

Why This Petition Was Approved

The appeal was sustained because the Petitioner met all three Dhanasar prongs. USCIS found the endeavor had substantial merit and national importance, the Petitioner was well-positioned due to his advanced STEM degrees (Master's in Science in Technology, Ph.D. in Electrical and Computer Engineering), published peer-reviewed articles, high citation rate, and significant roles in NASA and AFRL-funded projects. On balance, the waiver was deemed beneficial due to his expertise in machine learning and AI for cyber threat detection in power systems.

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Independent
Grants
Original Contributions
Government Alignment
Academic Records

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Frequently Asked Questions

A sustained EB-2 NIW (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-19.

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At a Glance

Outcome sustained
Criteria Met 3 / 3
Evidence Types 7

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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