NIW Bearings
remandedFEB032026_03B52032026-02-03 · 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, a doctoral student in electrical engineering, proposes to develop advanced ferroelectric memory devices capable of operating reliably in extreme high-temperature environments to meet the needs of aerospace, defense, AI, IoT, and edge computing applications.

Field: electrical engineering (advanced memory technologies, high-temperature ferroelectric devices) · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO confirmed the Petitioner qualifies as a member of the professions holding an advanced degree; no dispute on this point.

Prong 1 — national importanceestablished

“we conclude that the Petitioner has established the national importance of his proposed endeavor.”
“The Petitioner's proposed endeavor addresses this need. Researchers at other institutions have cited the Petitioner's published work on the subject.”

AAO decision text

Prong 2 — well positionedestablished

“we conclude that the Petitioner has established that he is well positioned to advance the proposed endeavor.”
“The preponderance of the evidence here shows that the Petitioner is already playing a significant role in the same type of research described in his proposed endeavor.”

AAO decision text

Prong 3 — balance of factorsestablished

“SCOPS offered only limited discussion of the third Dhanasar prong, stating several conclusions without adequately explaining how the record supports those conclusions.”
“The erroneous determination that the Petitioner had not met the first two Dhanasar prongs appears to have influenced SCOPS' briefly stated conclusions regarding the third prong.”

AAO decision text

How the evidence was treated

  • citations publications · credited
    “Citations are merely one factor among many ....”
    AAO decision text
  • recommendation letter · credited
  • patents · credited
  • resume experience · discounted
    “Competent execution of past job duties, even successfully, does not automatically render a person well positioned.”
    AAO decision text
  • degree · discounted
    “education is merely one factor among many that may contribute to eligibility.”
    AAO decision text
All 6 evidence items
  • media · credited

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Notable

This is a petitioner-favorable remand: the AAO reversed SCOPS on both prong 1 and prong 2, finding SCOPS had improperly evaluated evidence in isolation rather than in totality, and remanded solely for a new prong 3 determination. The AAO also criticized SCOPS for two specific unsupported rationales under prong 1: (1) speculating that ancillary duties would detract from research without explanation, and (2) requiring proof that research would be publicly available despite the petitioner's stated publication record. The USCIS Policy Manual's 'critical and emerging technology' strong positive factor was cited favorably under prong 2.

What this case teaches

Analyst reading of the decision text.

Decisive factor

AAO disagreed with SCOPS: the specific endeavor (extreme-temperature ferroelectric memory) has broader field implications establishing national importance; prongs one and two are met, so it remanded for prong three.

Transferable lesson

Frame the endeavor's broader implications within its field, not just the employer's benefit; a concrete technical problem with national field impact can satisfy prong-1 national importance.

Endeavor framing

specific

National-importance theory

critical_emerging_tech · national_security · field_advancement

Evidence targeting

endeavor_focused

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