NIW Bearings
dismissedAPR302025_03B52032025-04-30 · 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 postdoctoral researcher with a foreign medical degree, proposed to continue research on the body's immunological reaction to transplantation in order to improve tolerance of kidney transplantation and reduce organ failure.

Field: medicine/immunology (kidney transplantation research) · Read the decision (uscis.gov)

Prong 2 — well positionednot established · dispositive

The record does not sufficiently establish how she has the skills, knowledge, and record of success to advance research in immunological reactions to transplantation
the plan does not provide details regarding the specifics of how the research will be conducted, the scope of the Petitioner's role in the research
the record does not establish that her previous work demonstrates progress toward achieving the proposed endeavor
interest in her previous research is insufficient to establish interest in her proposed endeavor; to research immunological reactions to transplantation

AAO decision text

How the evidence was treated

  • resume experience · discounted
    a petitioner must support assertions with relevant, probative, and credible evidence
    AAO decision text
  • citations publications · discounted
    interest in her previous research is insufficient to establish interest in her proposed endeavor
    AAO decision text
  • recommendation letter · discounted
  • business plan · discounted
    the plan does not provide details regarding the specifics of how the research will be conducted
    AAO decision text
  • degree · credited

Where this case turned

  • Business plan speculative · p2projections without a documented basis or steps
  • No progress evidence · p2no documented movement toward the endeavor since filing
  • Record of success insufficient · p2a claimed track record the documents do not establish
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Notable

The AAO explicitly disagreed with several of SCOPS' rationales (e.g., dismissing citation ranking as irrelevant, agreeing co-authorship does not undercut standing), yet still dismissed the appeal on prong two because the petitioner's prior research (dermatology, obstetrics, orthopedics) did not relate to the proposed transplant-immunology endeavor.

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