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 research and develop an AI-driven system for dynamic context-dependent communicative and non-communicative persuasion strategies and predicted responses, involving counterstrategies to improve strategic indirect communication in advertising, forensic language analysis, and social media. Additionally, the petitioner aims to obtain a position as a linguistics professor and teach courses in pragmatics, semantics, syntax, general linguistics, and TESOL.
Framework Evaluation
1 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceMet
The Director and USCIS agreed that the petitioner's research endeavor in linguistics meets the standard for substantial merit and national importance.
2The individual is well positioned to advance the proposed endeavorNot Met
The petitioner failed to demonstrate being well-positioned to advance the endeavor, as evidence like two journal articles with three citations and recommendation letters lacked sufficient context and impact to meet the standard.
3On balance, it would benefit the United States to waive the requirements of a job offer and a labor certificationNot Met
USCIS declined to evaluate this prong because the petitioner did not establish eligibility under the second prong.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish eligibility under the second prong of the Dhanasar framework. While the first prong (substantial merit and national importance of research) was met, the petitioner's evidence, including two peer-reviewed articles with three citations, recommendation letters lacking sufficient context on impact, and educational credentials, was deemed insufficient to demonstrate being 'well-positioned' to advance the endeavor. USCIS noted the lack of evidence showing how often others in the field are cited for comparison and that the publications did not serve as an impetus for progress or generate substantial positive discourse.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested additional evidence to address deficiencies in demonstrating the petitioner was well-positioned to advance the proposed endeavor. The petitioner responded with an updated personal statement, details on future research, articles highlighting the importance of AI/linguistics and national security, and letters of support, but these were ultimately deemed insufficient.
RFE Targets
The individual is well positioned to advance the proposed endeavor
The petitioner proposes to conduct research on teaching and curriculum development for English as a Second Language (ESL) courses. She intends to focus primarily on researching language development opportunities for English learners in California and developing a multimodal curriculum for the ESL population for nationwide use.
The petitioner proposes to develop state-of-the-art language models that mirror human language competencies to bridge the gap between human and machine communication. This research focuses on advancing computational models that capture natural language nuances to make AI-driven technologies more accurate and accessible.
The petitioner proposes to advance language learning by developing and refining a form–function grammar teaching strategy to enhance student comprehension and writing capabilities. This work combines theoretical linguistics with applied instruction to create inclusive language education models for both native speakers and English as a foreign language (EFL) learners.
The petitioner proposes to design and evaluate computer-mediated tests to assess language abilities, continuing his research on implementing artificial intelligence (AI) in language ability testing at his current company. He also intends to publish the results of his work in peer-reviewed publications and conference presentations.
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.
