NIW Bearings
sustainedAPR242026_01B52032026-04-24 · 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 proposes to research and develop computing methodologies and data science tools to more effectively interpret data, work tied to critical and emerging technology with applications supporting U.S. national goals including work at a Department of Energy national laboratory.

Field: data science and computing methodologies · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO affirmed SCOPS finding that Petitioner qualifies as an advanced degree professional with a doctorate in data science.

Prong 1 — national importanceestablished

the Petitioner demonstrated that his proposed endeavor meets the standard for national importance. We will therefore withdraw SCOPS' contrary finding.
detailed compelling letters supported by the record

AAO decision text

Prong 2 — well positionedestablished

the record demonstrates that the Petitioner is well positioned to advance his proposed endeavor.
letters from researchers demonstrate the Petitioner's past achievements related to his endeavor.
innovative and essential work ... - work that directly supports our nation's most critical goals.

AAO decision text

Prong 3 — balance of factorsestablished

A preponderance of the evidence in this matter indicates that a waiver of the job-offer and labor-certification requirements would benefit the United States.

AAO decision text

How the evidence was treated

  • recommendation letter · credited
  • degree · credited
  • other · credited

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Notable

This is a grant decision — the AAO sustained the appeal and reversed SCOPS on all three Dhanasar prongs. The decision highlights a U.S. Department of Energy national laboratory letter as particularly valuable evidence under prong 2, and explicitly invokes the USCIS Policy Manual's 'critical and emerging technology' positive factor for a STEM Ph.D. The Petitioner alleged SCOPS overlooked evidence and relied on materials outside the record, but the AAO resolved the case on the merits without addressing that procedural allegation directly.

What this case teaches

Analyst reading of the decision text.

Decisive factor

A DOE national-laboratory letter framing the work as supporting critical national goals, combined with a STEM PhD tied to critical/emerging technology, overturned SCOPS' national importance and positioning findings.

Transferable lesson

Secure detailed government or national-lab letters explicitly linking the endeavor to critical national goals, not just general expert praise of skills.

Endeavor framing

moderate

National-importance theory

critical_emerging_tech · stem_positive_factor · government_interest · field_advancement

Evidence targeting

mixed

Cases in adjacent profiles