dismissedJAN142026_03B52032026-01-14 · 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 proposed to continue research on state-of-the-art power optimization techniques to improve the efficiency, reliability, and sustainability of power systems, including through a doctoral program and subsequent postdoctoral research fellowship, with the goal of publishing original research in peer-reviewed journals and conferences.
Field: electrical and computer engineering (power systems optimization) · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS initially found only three years of progressive post-bachelor experience; on appeal petitioner submitted a new employment letter establishing the required five years, and AAO found the threshold met.
Prong 1 — national importancenot established
“the relevance of the Petitioner's proposed endeavor to important issues does not establish national importance as it does not demonstrate its prospective impact.”
“The relevant question is not the importance of the industry in which the individual will work; instead, we focus on 'the specific endeavor that the foreign national proposes to undertake.'”
“the record does not establish an economic impact directly attributable to the Petitioner and his specific proposed endeavor.”
“the record does not support the Petitioner's assertion that his proposed endeavor will have substantial positive economic effects.”
AAO decision text
Prong 2 — well positionednot established
“the Petitioner does not yet possess a Ph.D. in his field as of the time of filing.”
“the letter does not establish the Petitioner's assertion that he has received a position as the letter demonstrates there was no position or funding available at the time the letter was written.”
“the record does not establish the parameters of these grant awards; for example, the record does not show whether the Petitioner applied for and received this funding for his research.”
“we are unable to tell the Petitioner's role, if any, in obtaining this funding, and therefore whether this funding indicates any interest from relevant agencies.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“the author's focus is on the importance of the field of the endeavor and the impact of the Petitioner's prior work; not the prospective impact of the Petitioner's proposed endeavor.”
AAO decision text - citations publications · discounted
“citation frequency is highly skewed, with many infrequently cited papers and relatively few highly cited papers.”
AAO decision text - funding · discounted
“the record does not establish the parameters of these grant awards; for example, the record does not show whether the Petitioner applied for and received this funding.”
AAO decision text - contract revenue · discounted
“the record does not establish an economic impact directly attributable to the Petitioner and his specific proposed endeavor.”
AAO decision text - resume experience · credited
All 7 evidence items
- degree · credited
- business plan · discounted
“the letter does not establish the Petitioner's assertion that he has received a position as the letter demonstrates there was no position or funding available at the time the letter was written.”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Local, not national scope · p1 — impact confined to clients / a region
- Business plan speculative · p2 — projections without a documented basis or steps
- Funding absent · p2 — no documented funding or resources behind the plan
- No progress evidence · p2 — no documented movement toward the endeavor since filing
- Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable
The AAO reversed SCOPS on prong 1, finding national importance NOT established despite SCOPS having found it met — an unusual de novo reversal in the petitioner's disfavor on appeal. The AAO also drew an explicit contrast between the petitioner's citation record and DOE funding and those of Dr. Dhanasar himself in the precedent decision, using the precedent facts as a benchmark. The postdoctoral offer letter was found to be merely a conditional expression of interest contingent on future funding, not an actual job offer, undermining the plan for future activities.
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