NIW Bearings
dismissedFEB022026_05B52032026-02-02 · appeal · SCOPS Service Center

This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.

The Petitioner proposed to use physics-based imaging models and deep learning algorithms to develop super-resolution and contrast-enhanced optical imaging technologies, with applications in biomedical imaging and consumer/wearable devices.

Field: optical imaging engineering / electrical engineering (photonics) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO both agreed the Petitioner qualifies as an advanced degree professional holding a master of science in electrical engineering (photonics).

Prong 2 — well positionednot established · dispositive

the record does not contain sufficient documentation in support of this claim.
the letter is not on letterhead and contains no contact information such as telephone number or email address; we therefore consider the probative value of the letter to be significantly reduced.
it does not specifically discuss the Petitioner's proposed endeavor, nor does it support the Petitioner's claim that his research position involves publishing and presenting research.
these letters are primarily from the Petitioner's collaborators and discuss the Petitioner's contributions to their shared research projects.
the record does not show that the Petitioner has led any research projects funded by government grants or private investments or that he was a principal investigator on any research.
beyond having been cited in published works, the articles do not describe how his future research endeavor has interest or support from others in his field.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    these letters are primarily from the Petitioner's collaborators and discuss the Petitioner's contributions to their shared research projects.
    AAO decision text
  • citations publications · discounted
    beyond having been cited in published works, the articles do not describe how his future research endeavor has interest or support from others in his field.
    AAO decision text
  • funding · discounted
    the record does not show that the Petitioner has led any research projects funded by government grants or private investments or that he was a principal investigator on any research.
    AAO decision text
  • resume experience · discounted
    the Petitioner did not provide any other documentary evidence regarding his employment at such as pay records, an employment confirmation letter, a formal job description.
    AAO decision text
  • degree · credited

Where this case turned

  • Business plan speculative · p2projections without a documented basis or steps
  • Citations insufficient · p2citation counts without qualitative account of impact
  • Funding absent · p2no documented funding or resources behind the plan
  • Letters conclusory · p2letters praise skills in general terms without tracing specific impact
  • Letters not independent · p2letters come from employers and close collaborators, not independent experts
  • No progress evidence · p2no documented movement toward the endeavor since filing
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Notable

P1 was conceded by SCOPS and not re-examined by AAO; P3 was expressly reserved under Bagamasbad. The AAO credited education, skills, and prior publications as positive factors under P2 but found them insufficient to overcome the absence of credible employment documentation and lack of demonstrated interest from relevant entities. The employer support letter was discounted for lacking letterhead and contact information. The Petitioner was a Ph.D. candidate at time of filing and had transitioned to an industry camera algorithm engineer role by the RFE stage.

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to substantiate his claimed employment and research plan (unverified, unlettered employer letter) and showed no genuine investor/entity interest, so he was not shown well-positioned to advance the endeavor.

Transferable lesson

Corroborate claimed employment/research plans with verifiable documentation (official letterhead, contact info, pay/job records) and show concrete third-party interest tied to the specific future endeavor, not just past collaborations.

Endeavor framing

specific

National-importance theory

public_health · field_advancement

Evidence targeting

person_focused

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