NIW Bearings
dismissedJAN132026_04B52032026-01-13 · appeal · SCOPS 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 electrical engineer employed in research and development, proposed to continue research on advanced power conversion technologies to enhance efficiency and reduce size of power conversion systems for applications in servers, data centers, electric vehicles, microgrids, and renewable energy systems, with planned dissemination through peer-reviewed publications and conference presentations.

Field: electrical engineering / power conversion technology · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed the Petitioner qualified as an advanced degree professional; threshold EB-2 was not at issue on appeal.

Prong 1 — national importancenot established · dispositive

the Petitioner's wide-ranging assertions as to potential prospective national impact crossing numerous industries and societal issues leaves substantial question as to whether her proposed research would have a significant impact on any of them
A mere potential contribution to various matters of national-level interest does not establish that a proposed endeavor is of national importance.
Generalized conclusory statements that do not identify a specific impact to the field have little probative value.
their overall significance does not establish the national importance of the Petitioner's particular proposed endeavor.
the Petitioner does not offer a sufficiently direct connection between her proposed research and the asserted national level impacts
it is not clear whether the Petitioner's research would be owned and/or controlled by her employer and whether she would be granted permission to publish this research

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the Petitioner and those who drafted letters of recommendation indicated that her proposed endeavor would have a national level impact on servers, data centers, electric vehicles, microgrids, and renewable energy systems
    AAO decision text
  • other · discounted
    Merely stating that her proposed endeavor would be separate from her employment without a detailed explanation as to how this would be the case is not sufficient
    AAO decision text
  • resume experience · discounted
    the Petitioner's assertions of potential prospective national importance are not sufficiently specific, based on different potential avenues of research
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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Notable

The decision contains a pronoun inconsistency — the conclusion refers to 'he' ('we conclude that he has not established she is eligible'), an apparent OCR or drafting error in an otherwise female-pronoun decision. The AAO drew an extended comparison to the Dhanasar petitioner's hypersonic propulsion research to illustrate the level of specificity and government interest required, and expressly noted the absence of U.S. government agency interest or funding as a negative factor. The AAO also raised a novel concern about whether the Petitioner's employer would permit publication of research developed on its R&D staff, treating potential proprietary restrictions as undermining the claimed national dissemination plan.

Cases in adjacent profiles