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 · p2 — citation counts without qualitative account of impact
  • Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
  • Funding absent · p2 — no documented funding or resources behind the plan
  • Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
  • 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

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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