NIW Bearings
remandedOCT142025_02B52032025-10-14 · 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 mechanical engineer with a PhD, proposed to advance renewable energy conversion and clean fuel generation technologies (fuel cells and electrolyzers) to address climate change and energy security, pursuing this research while employed as a chemical systems engineer and through continued collaboration with his former doctoral advisor.

Field: mechanical engineering / green energy (fuel cells, electrolyzers) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found, and AAO did not disturb, that the petitioner qualifies as an advanced degree professional based on his master's and PhD degrees in mechanical engineering.

Prong 1 — national importanceestablished

Prong 2 — well positionedestablished

Prong 3 — balance of factorsestablished

How the evidence was treated

  • degree · credited
  • citations publications · discounted
    “has affected research practices, has served as an impetus for progress or generated substantial positive discourse”
    AAO decision text
  • resume experience · ignored

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Notable

This is not a typical merits denial: the AAO withdrew SCOPS's decision and remanded because SCOPS's analysis under all three Dhanasar prongs failed to engage with the specific record evidence, mischaracterized the endeavor (incorrectly implying the petitioner planned to pursue the endeavor through his own company when he was instead an employee of an established firm), and did not adequately explain the reasons for denial as required by 8 C.F.R. 103.3(a)(1)(i). The AAO expressly took no position on the ultimate merits.

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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles