NIW Bearings
remandedOCT272025_01B52032025-10-27 · 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 research scientist employed at a multinational technology company, sought to continue developing machine-learning-based predictive models to improve human-computer interaction, including applications in robot-assisted feeding and in-vehicle speech interfaces.

Field: computer engineering / human-computer interaction, AI · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed the petitioner qualifies as a member of the professions holding an advanced degree; not disputed on appeal.

Prong 1 — national importanceestablished

“SCOPS concluded that the record did not establish that the endeavor is of national importance”
“the denial does not include an analysis of the evidence submitted or provide the reasoning behind SCOPS' conclusion”

AAO decision text

Prong 2 — well positionedestablished

“SCOPS did not analyze how the Petitioner's qualifications position him to advance his proposed endeavor in a specific STEM field”
“SCOPS' conclusory statement here is not accompanied by any reference to deficiencies in the record”

AAO decision text

Prong 3 — balance of factorsestablished

“SCOPS' summation here does not identify any statements, assertions, or descriptions presented by the Petitioner in the record that are unpersuasive, vague, generalized, conclusory”

AAO decision text

How the evidence was treated

  • recommendation letter · credited
  • citations publications · credited
  • degree · credited

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Notable

Unusual disposition: rather than ruling on the merits of any Dhanasar prong, the AAO remanded because SCOPS' denial failed to explain its reasoning under 8 C.F.R. 103.3(a)(1)(i) and Matter of M-P-, leaving the petitioner without a fair opportunity to contest the decision. All three prongs were withdrawn for lack of adequate analysis rather than affirmed or reversed on substance.

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
  • Flores v. Garland
  • USCIS Policy Manual F.5(D)(1)
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles