NIW Bearings
dismissedAPR212025_01B52032025-04-21 · 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 biomedical researcher, proposed to work as a Senior Scientist researching pathogenesis mechanisms and host immune responses to develop therapeutic strategies for autoimmune diseases such as inflammatory bowel disease and rheumatoid arthritis.

Field: biomedical sciences / immunology · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed Petitioner qualifies as an advanced degree professional based on his PhD in Immunology; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

The record here does not establish the national importance of the Petitioner's proposed endeavor.
While these articles discuss the prevalence and impact of autoimmune diseases in the United States, they do not address the Petitioner's specific proposed endeavor.
Our assessment of national importance does not focus on the importance of a field in general, but instead "focuses on the specific endeavor that the foreign national proposes to undertake."
the record does not establish the potential prospective impact of the Petitioner's specific proposed endeavor

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    does not discuss the Petitioner's specific proposed endeavor
    AAO decision text
  • citations publications · discounted
    does not indicate that he was primarily responsible for securing the research funding
    AAO decision text
  • other · discounted
    they do not address the Petitioner's specific proposed endeavor
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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

The AAO credited the endeavor's connection to NSTC-listed critical and emerging technologies (CETs) as involving a matter of national significance, but still found national importance of the specific endeavor unestablished, emphasizing the field-vs-endeavor distinction. It also noted the Petitioner was only the seventh co-author on a cited NIH-funded article, undermining his claimed role in securing funding.

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
  • INA 203(b)(2)
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles