NIW Bearings
sustainedAPR282025_01B52032025-04-28 · 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, a postdoctoral researcher in mechanical engineering, proposed to continue research on surface-decorated catalysts to strengthen solid oxide fuel cells, electrolysis cells, and lithium-ion batteries.

Field: mechanical engineering (solid oxide fuel cells / catalysis) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found, and AAO did not disturb, that Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importanceestablished

We withdraw SCOPS' determination that the Petitioner did not establish his proposed endeavor's national importance under Dhanasar's first prong.

AAO decision text

Prong 2 — well positionedestablished

We also withdraw SCOPS' conclusion that the Petitioner did not establish he meets Dhanasar's second prong.

AAO decision text

Prong 3 — balance of factorsestablished

Furthermore, we withdraw SCOPS' determination that the Petitioner did not establish he meets Dhanasar's third prong.
we conclude that he offers contributions of such value that, on balance, they would benefit the United States even assuming that other qualified U.S. workers are available.

AAO decision text

How the evidence was treated

  • citations publications · credited
  • recommendation letter · credited
  • funding · credited
  • resume experience · credited
  • degree · credited

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Notable

SCOPS had denied only on the national interest waiver prongs (all three), and AAO withdrew SCOPS' findings on all three prongs, sustaining the appeal in full; unusual in that AAO reverses across all three Dhanasar prongs rather than affirming a denial.

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
  • Flores v. Garland
  • USCIS Policy Manual F.5(D)(1)
  • USCIS Policy Manual F.5(D)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

AAO applied STEM strong-positive-factor combination (advanced STEM degree, critical-tech field, well-positioned researcher) plus strong citation/funding record to find all three Dhanasar prongs satisfied, reversing SCOPS.

Transferable lesson

Pair concrete critical-tech framing with independent citation metrics and government/national-lab funding to satisfy the STEM strong-positive-factor combination under F.5(D)(2).

Endeavor framing

moderate

National-importance theory

critical_emerging_tech · stem_positive_factor · field_advancement · us_competitiveness

Evidence targeting

mixed

Cases in adjacent profiles