NIW Bearings
remandedJAN082026_01B52032026-01-08 · appeal

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 sought to develop and scale AI-driven deep learning models to synthesize realistic medical images and predict future medical conditions, aiming to reduce diagnostic errors, enable early disease detection, and lower U.S. health costs.

Field: computer science / artificial intelligence (medical imaging) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed the Petitioner qualifies as a member of the professions holding an advanced degree (master's degree).

Prong 1 — national importanceestablished

SCOPS incorrectly relied upon factors relating to the second prong of the Dhanasar analysis in concluding that the Petitioner had not established that her proposed endeavor was of national importance.
they primarily relied upon an analysis of the evidence of the Petitioner's research and work history, and appeared to conflate her proposed endeavor with her employment.

AAO decision text

How the evidence was treated

  • recommendation letter · credited
  • citations publications · credited
  • degree · credited

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Notable

AAO found that SCOPS erroneously imported second-prong (well-positioned/record of success) considerations—such as citation frequency and impact beyond the employer's clients—into its first-prong national importance analysis, and remanded for SCOPS to correctly apply the prospective, endeavor-focused Dhanasar first-prong standard before proceeding to prongs two and three if warranted.

Authorities this decision leans on

From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.

  • 8 C.F.R. 103.3
  • 8 C.F.R. 103.5
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • INA 203(b)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

SCOPS conflated prong 1 (national importance of the proposed endeavor, prospective) with prong 2 (petitioner's track record/citations/influence), an analytical error requiring remand for correct application.

Transferable lesson

Frame national importance around the endeavor's prospective broader implications, not the petitioner's past citation record or employer client base—keep prongs 1 and 2 evidence and arguments distinct.

Endeavor framing

specific

National-importance theory

public_health · critical_emerging_tech · field_advancement

Evidence targeting

mixed

Cases in adjacent profiles