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, an electrical engineering researcher with a Ph.D., sought to continue research in the U.S. on numerical algorithms for solving integral and differential equations and computational electromagnetics, with applications in electricity generation, pollution measurement, and medical imaging.
Field: electrical engineering / computational electromagnetics · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found Petitioner qualifies as a member of the professions holding an advanced degree; not disputed on appeal.
Prong 1 — national importanceestablished
Prong 2 — well positionedestablished
Prong 3 — balance of factorsestablished
How the evidence was treated
- recommendation letter · credited
- citations publications · credited
- degree · credited
- resume experience · credited
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Notable
AAO relied on the 2022 National Science and Technology Council critical and emerging technologies list and the STEM Ph.D. 'strong positive factor' policy guidance to find prong 3 met, expressly stating the benefit holds 'even assuming that other qualified U.S. workers are available.'
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
- INA 203(b)(2)
- USCIS Policy Manual F.5(D)(2)
What this case teaches
Analyst reading of the decision text.
Combination of an advanced STEM PhD tied to critical/emerging technology, broad cross-sector applications of the research, and independent citation evidence satisfied all three Dhanasar prongs.
Pair a STEM PhD in a listed critical/emerging technology with concrete multi-sector applications and citation evidence to satisfy both national-importance and positioning prongs.
specific
field_advancement · stem_positive_factor · critical_emerging_tech · economic_growth_generic
mixed
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