NIW Bearings
sustainedAUG082023_02B52032023-08-08 · 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 sought to continue research on infectious diseases in animals and antibiotic resistance, including work on antimicrobial resistance and modeling techniques for tracking infectious diseases in food animals.

Field: veterinary medicine (infectious diseases and antibiotic resistance) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director had already found him eligible as an advanced degree professional; not contested on appeal.

Prong 1 — national importanceestablished

In his decision, the Director concluded that the Petitioner's proposed endeavor was of substantial merit and national importance.

AAO decision text

Prong 2 — well positionedestablished

he did not provide a sufficient analysis which explains the specific reasons for this conclusion
Considering the totality of this evidence and its support of the nonexclusive second prong factors provided in Dhanasar, we conclude that the Petitioner is well positioned to advance his proposed endeavor.

AAO decision text

Prong 3 — balance of factorsestablished

the Director did not provide any analysis of the Petitioner's statements or evidence submitted in support of the benefits of waiving the labor certification process in his case.
the benefits to be provided by his proposed endeavor, even if other U.S. workers are available, outweigh the benefits inherent in the labor certification process

AAO decision text

How the evidence was treated

  • recommendation letter · credited
  • citations publications · credited
  • other · credited

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

AAO explicitly faults the Director for failing to provide sufficient analysis or reasoning under both the second and third Dhanasar prongs, effectively conducting the substantive analysis itself on appeal and sustaining the appeal in full.

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
  • USCIS Policy Manual F.5(D)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director's denial lacked reasoned analysis on prongs 2-3, while CDC/White House reports plus expert letters substantiated national importance and researcher's positioning.

Transferable lesson

Pair endeavor-specific government reports (CDC, White House policy) with expert letters linking petitioner's specific research contributions to that national-scale problem.

Endeavor framing

specific

National-importance theory

public_health · stem_positive_factor · field_advancement · government_interest

Evidence targeting

mixed

Cases in adjacent profiles