NIW Bearings
dismissedAPR292020_02B52032020-04-29 · 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 healthcare data analyst with a Master of Public Health degree, proposed to conduct statistical and predictive healthcare research to improve patient outcomes, reduce healthcare costs, and identify risk factors for chronic conditions.

Field: healthcare data analytics / biostatistics · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found petitioner qualified as an advanced degree professional; not contested on appeal.

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

The Petitioner, however, has not demonstrated that this number of citations constitutes a record of success or a level of interest in her work from relevant parties sufficient to meet Dhanasar's second prong.
the record does not show that the Petitioner (rather than her professors at [] were mainly responsible for obtaining governmental funding for her research projects.
the Petitioner has not shown that these findings have been implemented, utilized, or applauded by others in the field.
the Petitioner has not shown that her academic accomplishments by themselves are sufficient to demonstrate that she is well positioned to advance her proposed endeavor.
the Petitioner has not shown that her published and presented work has served as an impetus for progress in the medical field
Regardless, the Petitioner has not demonstrated that the number of citations received by her articles reflects a level of interest in her work from relevant parties sufficient to meet this prong.

AAO decision text

How the evidence was treated

  • citations publications · discounted
    has not demonstrated that this number of citations constitutes a record of success or a level of interest in her work from relevant parties
    AAO decision text
  • recommendation letter · discounted
    does not offer specific examples of how the Petitioner's findings from these studies have affected clinical guidelines
    AAO decision text
  • funding · discounted
    the record does not show that the Petitioner (rather than her professors) were mainly responsible for obtaining governmental funding
    AAO decision text
  • degree · discounted
    the Petitioner has not shown that her academic accomplishments by themselves are sufficient to demonstrate that she is well positioned
    AAO decision text
  • resume experience · discounted
    not shown that this work renders her well positioned to advance her proposed healthcare research
    AAO decision text

Where this case turned

  • Citations insufficient · p2citation counts without qualitative account of impact
  • Education alone insufficient · p2degrees offered as positioning — credentials are not a track record
  • Letters not independent · p2letters come from employers and close collaborators, not independent experts
  • 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 credits prong 1 (national importance) fully, dismisses solely on prong 2, and expressly declines to reach prong 3 as unnecessary. Decision emphasizes that citation counts and grant participation alone do not establish 'record of success' absent evidence of independent impact or primary role.

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.

  • INA 203(b)(2)
  • INA 291
  • Poursina v. USCIS

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