NIW Bearings
dismissedMAY162025_05B52032025-05-16 · 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 sought to continue research and doctoral studies developing AI-driven precipitation forecasting models, with a focus on flood and river management, while working on NASA- and DOD-funded projects.

Field: hydrometeorology and AI-driven precipitation forecasting · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed Petitioner qualifies for EB-2 as advanced degree professional based on her Master's degree; found an unresolved inconsistency about whether she had earned a PhD, but this did not affect the underlying EB-2 qualification determination.

Prong 1 — national importancenot established · dispositive

SCOPS determined the Petitioner did not establish that the proposed endeavor would have any implications beyond the university or employer for which the Petitioner would work
The Petitioner has not submitted evidence documenting or supporting these claims.
Without more, the Petitioner has not shown that her role testing a model developed by another investigator or team rises to a level of national importance
the Petitioner has not demonstrated that her proposed endeavor wi 11 benefit the entities beyond where the Petitioner is employed and/or their collaborators

AAO decision text

How the evidence was treated

  • degree · credited
  • funding · discounted
    The Petitioner has not submitted evidence documenting or supporting these claims.
    AAO decision text
  • resume experience · discounted
    the Petitioner has not shown that her role testing a model developed by another investigator or team rises to a level of national importance
    AAO decision text
  • awards · discounted

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
2,501coded 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 flagged an unresolved inconsistency about whether Petitioner had actually earned her PhD (she was described alternately as a doctoral candidate/student and later claimed a postdoctoral job offer implying PhD completion), citing Matter of Ho, but this did not affect the threshold EB-2 finding since her Master's degree sufficed. The case also invokes Matter of Chawathe, Christo's, and Bagamasbad (declining to reach unnecessary issues) alongside Dhanasar.

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)(12)
  • 8 C.F.R. 103.3
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of Ho

Cases in adjacent profiles