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 · p2 — projections without a documented basis or steps
- Record of success insufficient · p2 — a claimed track record the documents do not establish
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.
Petitioner proved national importance via expert and government evidence, but failed prong two: no distribution plan, no track record, and only one interested party.
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.
specific
field_advancement · us_competitiveness · economic_growth_generic
mixed
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