NIW Bearings
dismissedJUL092025_02B52032025-07-09 · 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 solar physics research scientist, proposed to develop research software and machine-learning analysis tools to study small- and large-scale solar events, aiming to improve prediction of solar events affecting U.S. infrastructure such as power grids and satellites.

Field: solar physics / applied mathematics · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS determined the Petitioner qualifies as an advanced-degree professional based on a foreign equivalent PhD in applied mathematics; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

“it does not support or demonstrate the potential prospective impact nationally, or even globally, or through broader implications rising to a level of national importance.”
“Although this information helps demonstrate the importance of the field, it does not demonstrate the national importance of the Petitioner's specific work.”
“Rather than demonstrating the national importance of the Petitioner's specific endeavor, these letters reflect that he is working in an important field.”
“the Petitioner provides brief summaries of his intended research projects and makes broad claims, without sufficient corroborating evidence”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “these letters reflect that he is working in an important field”
    AAO decision text
  • other · discounted
    “it does not demonstrate the national importance of the Petitioner's specific work.”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
2,589coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds →

Notable

AAO explicitly analogized to Dhanasar's own facts (hypersonic propulsion research and government funding) to illustrate the specificity and corroboration lacking here; reserved prongs 2 and 3 even though SCOPS had found prong 2 satisfied.

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. 103.3
  • Flores v. Garland
  • Matter of Caron Int'l
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles