NIW Bearings
sustainedAUG192024_02B52032024-08-19 · appeal · Texas 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, an AI and power/control systems researcher, proposed to continue developing novel machine learning algorithms to protect power systems and critical U.S. infrastructure from cyber threats.

Field: artificial intelligence / power systems engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional; not disputed on appeal.

Prong 1 — national importanceestablished

Prong 2 — well positionedestablished

Prong 3 — balance of factorsestablished

How the evidence was treated

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

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

Rare fully sustained appeal reversing the Director on both prong 2 and prong 3, crediting DOE/NASA/AFRL-funded research and highly-cited publications as strong positive factors.

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.

  • Flores v. Garland

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director's denial rested solely on prongs 2 and 3; AAO found strong STEM credentials, DOD/NASA-funded research, high citation rate, and corroborating expert letters sufficient to satisfy both prongs on de novo review.

Transferable lesson

Pair STEM PhD credentials with concrete evidence of funded government-lab projects, independent expert letters detailing specific research impact, and above-average citation metrics to satisfy prongs 2-3.

Endeavor framing

specific

National-importance theory

critical_emerging_tech · national_security · stem_positive_factor

Evidence targeting

mixed

Cases in adjacent profiles