NIW Bearings
sustainedDEC222025_01B52032025-12-22 · 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 research/design engineer with a doctorate in electromagnetics and microwave technology, proposes to continue research and development in a highly specialized technical field supporting U.S. defense, aerospace, and semiconductor industries.

Field: electromagnetics/microwave technology (defense, aerospace, semiconductor R&D) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed the Petitioner qualifies as an advanced degree professional.

Prong 1 — national importanceestablished

Prong 2 — well positionedestablished

Prong 3 — balance of factorsestablished

How the evidence was treated

  • recommendation letter · credited
  • degree · credited
  • resume experience · credited

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Notable

AAO reversed SCOPS on all three Dhanasar prongs, explicitly rejecting SCOPS' apparent requirement that a researcher hold as many graduate degrees as the petitioner in Matter of Dhanasar itself, noting Dhanasar 'does not require researchers to have more than two graduate degrees to qualify.'

What this case teaches

Analyst reading of the decision text.

Decisive factor

AAO reversed SCOPS on all three prongs: expert letters and a U.S. government-funded role tied the R&D to national strategic interests, closely mirroring Dhanasar, establishing national importance and a waiver's benefit.

Transferable lesson

Analogize explicitly to Dhanasar: expert letters tying your work to U.S. strategic interests plus government-funded roles can establish national importance, even with fewer degrees than the Dhanasar researcher.

Endeavor framing

moderate

National-importance theory

national_security · us_competitiveness · field_advancement

Evidence targeting

endeavor_focused

Cases in adjacent profiles