NIW Bearings
dismissedAUG122021_04B52032021-08-12 · 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 conduct research and development on artificial lift technology to improve oil and gas production efficiency and reduce operating costs, in support of U.S. energy self-sufficiency.

Field: petroleum engineering (artificial lift technology) · Read the decision (uscis.gov)

Prong 1 — national importanceestablished

Here, tlte Petitioner has sufficiently shown the substantial merit and national importance of his proposed endeavor.

AAO decision text

Prong 2 — well positionednot established · dispositive

he has not shown that the remaining time in his temporary position is sufficient to render him well positioned to advance his proposed endeavor
he did not establish that the ideas or designs have been implemented in the field, representing a record of success or progress rendering him well positioned to advance his proposed endeavor
the Petitioner has not shown that the number of citations received by his three works or the level of interest they generated is sufficient to demonstrate that he is well positioned to advance his endeavor
he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor
Because the record is insufficient to demonstrate that the Petitioner is well positioned to advance his proposed endeavor

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    did not establish that the ideas or designs have been implemented in the field, representing a record of success or progress
    AAO decision text
  • citations publications · discounted
    has not shown that the number of citations received by his three works or the level of interest they generated is sufficient
    AAO decision text
  • patents · discounted
    a patent recognizes the originality of an invention but does not necessarily show its application in the field
    AAO decision text
  • degree · discounted
    he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned
    AAO decision text
  • certification membership · discounted
    does not include evidence demonstrating the significance or level of distinction of these memberships in his field
    AAO decision text
All 6 evidence items
  • resume experience · ignored
    the evidence relates to events occurring after he filed his petition in December 2017, we will not consider the documentation
    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 conclusory · p2letters praise skills in general terms without tracing specific impact
  • 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

AAO found prong 1 satisfied but dismissed on prong 2 alone, explicitly declining to reach prong 3; post-filing evidence (later job letter, published articles, additional citations) was excluded under the 'eligibility at time of filing' rule.

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. 103.2(b)(1)
  • Poursina v. USCIS

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