NIW Bearings
dismissedAUG142018_04B52032018-08-14 · 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 post-doctoral researcher, proposed to continue research applying computer-aided drug discovery techniques based on intrinsic disorder protein (IDP) properties to identify anti-cancer drug leads, both through a post-doctoral research position and through his own company.

Field: computer-aided drug discovery / bioinformatics · Read the decision (uscis.gov)

EB-2 threshold — addressed

Record demonstrates the Petitioner qualifies as a member of the professions holding an advanced degree; not disputed by Director.

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

However, this evidence does not show that his past experience as a researcher renders him well positioned to advance his proposed endeavor of starting, leading and growing a drug development company.
the record does not demonstrate sufficient interest in the Petitioner's company or its products from investors, customers or others in the pharmaceutical industry to support a finding that he is well positioned to advance his business endeavor.
there is no evidence that the Petitioner attended this event or received funding for his company.
However, while all of these letters are complimentary of the Petitioner's previous work, and predict that his future work will add further knowledge to his field, they do not establish that his prior work constitutes a record of success in this area of research.
The Petitioner has not shown that his research has been frequently cited by independent researchers or otherwise served as an impetus for progress in the field
the record does not establish that they have led to the further commercial development of cancer fighting drugs based on the "curve ball" strategy.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    these letters are complimentary of the Petitioner's previous work, and predict that his future work will add further knowledge to his field, they do not establish that his prior work constitutes a record of success
    AAO decision text
  • business plan · discounted
    the Petitioner has not sufficiently documented his claims to the size of the computer aided drug discovery market, or his specific company's potential positive economic benefits
    AAO decision text
  • patents · discounted
    the record does not establish that they have led to the further commercial development of cancer fighting drugs
    AAO decision text
  • citations publications · discounted
    The Petitioner has not shown that his research has been frequently cited by independent researchers or otherwise served as an impetus for progress in the field
    AAO decision text
  • funding · discounted
    there is no evidence that the Petitioner attended this event or received funding for his company
    AAO decision text
All 7 evidence items
  • resume experience · discounted
    this evidence does not show that his past experience as a researcher renders him well positioned to advance his proposed endeavor
    AAO decision text
  • other · discounted
    this decision was not published as a precedent and therefore does not bind USCIS officers in future adjudications
    AAO decision text

Where this case turned

  • Citations insufficient · p2citation counts without qualitative account of impact
  • Funding absent · p2no documented funding or resources behind the plan
  • 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
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

The Petitioner cited a 2002 non-precedent AAO decision involving a liquid-crystals researcher with 16 independent citations to argue his own citation count sufficed; AAO rejected this as a pre-Dhanasar, non-binding, factually distinguishable case. AAO found prong 1 met but prong 2 dispositively failed, declining to reach prong 3.

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(c)
  • INA 203(b)(2)

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