NIW Bearings
remandedDEC012025_02B52032025-12-01 · 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 proposed to develop machine-learning-driven forecasting models to predict U.S. renewable (solar and wind) energy production and demand, aiming to improve electrical grid stability and support the transition to sustainable energy.

Field: electrical engineering / machine learning renewable energy forecasting · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed with SCOPS that Petitioner qualifies as an advanced degree professional.

Prong 1 — national importanceestablished

A preponderance of the evidence indicates that the Petitioner's proposed endeavor could advance the energy field nationwide by improving the efficiency of the country's electrical grid.

AAO decision text

Prong 2 — well positionednot established · dispositive

the Petitioner has not sufficiently explained how utility managers, energy investors, and government officials would learn and obtain use of his proposed energy forecasting system
he has not established a record of success in related or similar efforts
he has limited employment experience and has not sufficiently demonstrated that his prior shorter-term projects prepare him for his proposed six-year endeavor
the record contains little evidence of interest in the Petitioner's proposed venture. Only the utility director expressed a desire to use the proposed system

AAO decision text

How the evidence was treated

  • recommendation letter · credited
  • business plan · discounted
    he has not detailed how he would distribute the forecasting system to achieve nationwide impact
    AAO decision text
  • resume experience · discounted
    he has limited employment experience and has not sufficiently demonstrated that his prior shorter-term projects prepare him for his proposed six-year endeavor
    AAO decision text
  • degree · credited
  • other · credited

Where this case turned

  • NEW insufficient customer interest · p2
  • Business plan speculative · p2projections without a documented basis or steps
  • Record of success insufficient · p2a claimed track record the documents do not establish
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Notable

AAO issued a split ruling, reversing SCOPS on national importance (prong 1) while finding the Petitioner failed to show he was well positioned (prong 2), and remanded rather than dismissing because SCOPS' RFE had not adequately notified the Petitioner of the evidentiary deficiencies ultimately relied upon.

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner proved national importance via expert and government evidence, but failed prong two: no distribution plan, no track record, and only one interested party.

Transferable lesson

Even with strong national-importance evidence, petitioners must also detail concrete distribution/scaling plans, relevant track record, and third-party interest to satisfy 'well positioned' prong.

Endeavor framing

specific

National-importance theory

field_advancement · us_competitiveness · economic_growth_generic

Evidence targeting

mixed

Cases in adjacent profiles