NIW Bearings
dismissedJUN242025_03B52032025-06-24 · 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 PhD student in electrical engineering, proposed to innovate and refine power electronic circuit design and control systems to enhance performance in offshore wind farms, photovoltaic systems, electric vehicles, and electric propulsion systems.

Field: electrical engineering (power electronics) · Read the decision (uscis.gov)

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

she has not demonstrated the extent to which her specific findings are being utilized to advance wind energy systems' performance
does not offer specific examples of how the Petitioner's work has affected smart grid technologies, has been implemented by grid operators
these later citations provided in response to the RFE do not establish her eligibility at the time of filing
the record does not show that the Petitioner (rather than Dr. J-T-) was mainly responsible for obtaining fonding for their research projects
she has not shown that her academic accomplishments by themselves are sufficient to demonstrate that she is well positioned
she has not demonstrated that this work renders her well positioned to advance her proposed endeavor

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    does not offer specific examples of how the Petitioner's work has affected smart grid technologies
    AAO decision text
  • citations publications · discounted
    this evidence is not sufficient to demonstrate a level of interest or a record of research success that renders her well positioned
    AAO decision text
  • degree · discounted
    a degree in and of itself, however, is not the only factor we consider
    AAO decision text
  • funding · discounted
    the record does not show that the Petitioner (rather than Dr. J-T-) was mainly responsible for obtaining fonding
    AAO decision text
  • resume experience · discounted
All 6 evidence items
  • other · discounted
    this single instance of participation in the widespread peer review process
    AAO decision text

Where this case turned

  • Citations insufficient · p2citation counts without qualitative account of impact
  • Education alone insufficient · p2degrees offered as positioning — credentials are not a track record
  • Funding absent · p2no documented funding or resources behind the plan
  • Letters conclusory · p2letters praise skills in general terms without tracing specific impact
  • No progress evidence · p2no documented movement toward the endeavor since filing
  • Record of success insufficient · p2a claimed track record the documents do not establish
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Notable

AAO explicitly criticized SCOPS's own reasoning as containing 'problematic language' regarding a nonexistent 'contributions of major significance' requirement, but found the error harmless. AAO also engaged in detailed bibliometric critique, including noting self-citations and citing a scholarly article on evaluating researchers to discount Google Scholar-based citation percentile claims.

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • USCIS Policy Manual F.5(D)(2)

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