Specialty Area: 🤖 Advanced Engineering Materials & Artificial Intelligence
Manifest Attorney: Carmiann Cespedes
This case was a particularly meaningful victory for Manifest Law. The applicant came to us after receiving an RFE on their self-filed EB2-NIW petition, facing serious pushback from USCIS on all three prongs of the Matter of Dhanasar framework. The RFE questioned the applicant’s eligibility under the advanced degree category, the national importance of their proposed endeavor, and whether it would be beneficial to the United States to waive the labor certification requirement.
Upon review, we immediately recognized that the original filing had incorrectly framed the petition under the advanced degree category, when in fact the strongest argument was under the exceptional ability category. Manifest recalibrated the response to make this distinction clear and provided detailed, organized evidence proving the petitioner met the criteria.
We showcased the applicant’s groundbreaking research in the intersection of artificial intelligence and advanced materials science, emphasizing its alignment with national priorities like the Materials Genome Initiative and the White House’s Critical and Emerging Technologies List. Our response detailed how the applicant’s work—involving AI-driven materials discovery and optimization—contributes directly to sectors such as defense, healthcare, sustainable manufacturing, and energy security. We connected the scientific merit of the research to real-world national interests, demonstrating both urgency and relevance.
Finally, we made a compelling argument that waiving the labor certification would benefit the United States, not only because of the applicant’s unique qualifications and strategic vision, but also because the nature of their work is too critical to delay through traditional labor certification processes. Our response balanced technical detail with policy relevance, making it clear thatour client’s ongoing contributions are aligned with U.S. innovation and security goals.
This case is a powerful example of how a well-executed RFE response—based on a deep understanding of both immigration law and the underlying science—can turn a near-denial into a success story.
If you’ve received an RFE or been told your case isn’t viable, let Manifest Law take a second look. We’re here to turn possibilities into approvals.