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 civil engineer pursuing a doctorate, proposed to develop sustainable, advanced construction materials (including carbon-negative and nanomodified mixtures) to improve infrastructure durability and reduce rehabilitation costs, planning to continue this work as a post-doctoral fellow.
Field: civil engineering (construction materials) · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS found, and AAO agreed, that the Petitioner qualifies as an advanced degree professional based on his U.S.-equivalent Master of Science degree in civil engineering.
Prong 2 — well positionedestablished
“The Petitioner has established that he is well-positioned to advance his proposed endeavor and SCOPS' contrary determination is withdrawn.”
AAO decision text
Prong 3 — balance of factorsnot established · dispositive
“The record does not demonstrate that it would be impractical for the Petitioner to obtain a job offer or labor certification”
“H-H-J- does not indicate that the position is temporary.”
“The record indicates, however, that there are several other researchers in the Petitioner's field and he is not alone in working on the reduction of greenhouse gas emissions.”
“While the record documents the national importance of the Petitioner's proposed endeavor, it does not establish that the national interest in his work is so urgent”
AAO decision text
How the evidence was treated
- recommendation letter · credited
- citations publications · credited
- patents · credited
- funding · credited
- degree · credited
All 6 evidence items
- other · discounted
“H-H-J- does not indicate that the position is temporary.”
AAO decision text
Where this case turned
- Strong positive factor rejected · p3 — the STEM critical-and-emerging-technology factor was claimed but not accepted on the record
- Urgency not established · p3 — no reason shown why the benefit cannot wait for labour certification
- U.S. worker availability · p3 — the impracticality of a labour-market test was asserted, not established
Notable
AAO reversed SCOPS on prong 2 (finding the Petitioner well-positioned) but still dismissed the appeal solely on prong 3, rejecting the STEM 'strong positive factor' as insufficient because the record showed an existing (non-temporary) job offer, other researchers in the field, and no established urgency.
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
- INA 203(b)(2)
- USCIS Policy Manual F.5(D)(2)
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