The petitioner, a physical chemist working as a postdoctoral research associate, proposed to develop a surface science instrument coupled with laser excitation and spectroscopic techniques to study metal-based heterogeneous catalytic reactions in support of clean energy production, decarbonization, and environmental remediation.

Prong 1 — national importancenot established · dispositive

“the Petitioner improperly relies upon the importance of the industry as sufficient to establish the national importance of his proposed endeavor.”

“the evidence in the record does not establish how his proposed endeavor will advance the above-named CETs, and our focus remains on his specific proposed endeavor's prospective impact.”

“the record does not contain sufficient evidence to support this assertion and thus we cannot conclude the Petitioner's proposed endeavor has significant potential to employ U.S. workers or other substantial positive economic effects.”

“the evidence in the record does not support a determination of national or global implications within his field.”

“the letters in the record mostly focus on his prior projects and where they discuss the Petitioner's proposed endeavor, the letters do not sufficiently establish the proposed endeavor's prospective impact.”

AAO decision text

How the evidence was treated

• other · discounted

  “this does not further the Petitioner's claim of his proposed endeavor's national importance.”

  AAO decision text
• funding · discounted

  “the record does not establish this funding is for his proposed endeavor, this evidence does not relate to the national importance of his proposed endeavor but relates to his prior experience.”

  AAO decision text
• recommendation letter · discounted

  “the letter's focus is on the impact of the Petitioner's prior work; not the prospective impact of his proposed endeavor.”

  AAO decision text
• recommendation letter · discounted

  “they do not offer explanations for how his work will have this impact nor does the record contain sufficient evidence to support these statements.”

  AAO decision text
• degree · credited

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

Notable

The AAO partially agreed with the petitioner on appeal, finding that SCOPS' analysis was 'limited' and that SCOPS incorrectly required the petitioner to show he was 'driving or initiating' funded research as a condition of national importance. Nevertheless, the AAO still found prong 1 not met. The AAO credited substantial merit but denied on national importance alone, expressly reserving prongs 2 and 3. The decision also explicitly notes that past experience and prior project success, while relevant to prong 2, cannot substitute for evidence of the proposed endeavor's prospective impact under prong 1.

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.

• USCIS Policy Manual F.5(D)(2)

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