NIW Bearings
dismissedAPR192023_02B52032023-04-19 · 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, a quantitative analytics researcher with a Ph.D. in economics, proposed to continue developing novel mathematical models to analyze real-life data and generate improved economic forecasts.

Field: quantitative analytics / economics · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director and AAO agreed she qualifies as a member of the professions holding an advanced degree (Ph.D.).

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

the evidence in this case is insufficient
she has not demonstrated that the citations to this work by researchers in medical fields shows a record of success
completing this work for her employer as part of a brief internship is not indicative of a record of success
the record does not include detailed information from that employer about her current and future work
her plan for future activities is not well-supported by detailed evidence of how she will advance her proposed endeavor

AAO decision text

How the evidence was treated

  • citations publications · discounted
    the record lacks evidence that the Petitioner's work was published in either of these journals
    AAO decision text
  • recommendation letter · discounted
    completing this work for her employer as part of a brief internship is not indicative of a record of success
    AAO decision text
  • business plan · discounted
    the record is not sufficient to show that her plan will position her to advance her proposed endeavor
    AAO decision text
  • degree · credited

Where this case turned

  • Citations insufficient · p2citation counts without qualitative account of impact
  • Letters not independent · p2letters come from employers and close collaborators, not independent experts
  • No progress evidence · p2no documented movement toward the endeavor since filing
  • Record of success insufficient · p2a claimed track record the documents do not establish
  • Derivative of Prong 1/2 failure · p3prong three fails only because prongs one or two did — no independent ground
249coded 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 reversed the Director's favorable national importance finding methodology but still found prong 1 met; the case turned entirely on prong 2, with detailed scrutiny of mismatched journal names cited by Petitioner (citing wrong journals that did not actually publish her work) and discounting of citation impact in unrelated medical fields.

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)
  • Poursina v. USCIS

Cases in adjacent profiles