NIW Bearings
remandedDEC022025_01B52032025-12-02 · 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 data scientist/senior machine-learning scientist at a biotech company, proposed to continue AI-driven drug discovery research, including small-molecule and antibody drug design and analysis of genomic/genetic data.

Field: computer science / machine learning for drug discovery · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed the petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importanceestablished

Prong 2 — well positionedestablished

Prong 3 — balance of factorsestablished

How the evidence was treated

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

AAO reversed SCOPS on the first two Dhanasar prongs, finding SCOPS's factual characterizations (e.g., regarding the supervisor letter's probative value, lack of independent-citation evidence, and absence of government funding evidence) inaccurate or unsupported, and remanded only for reconsideration of the third prong, noting SCOPS' erroneous prong-one/two conclusions likely tainted its brief prong-three analysis.

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • Flores v. Garland

What this case teaches

Analyst reading of the decision text.

Decisive factor

SCOPS erred by demanding a defense-specific or employer-limited showing; AAO found the endeavor sufficiently described and its field-wide, public-health impact established, satisfying prongs 1 and 2, leaving only prong 3 for remand.

Transferable lesson

Frame research impact as advancing methods/field broadly (citing independent citations, regulatory-body relevance) rather than tying merit to a single employer's product or requiring government funding evidence.

Endeavor framing

specific

National-importance theory

field_advancement · public_health · critical_emerging_tech

Evidence targeting

mixed

Cases in adjacent profiles