NIW Bearings
sustainedMAR212023_04B52032023-03-21 · appeal · Texas Service Center

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

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

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.

Decisive factor

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.

Transferable lesson

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.

Endeavor framing

specific

National-importance theory

field_advancement · stem_positive_factor · critical_emerging_tech · economic_growth_generic

Evidence targeting

mixed

Cases in adjacent profiles