NIW Bearings
dismissedAUG162021_01B52032021-08-16 · appeal · Nebraska 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, an aerospace engineer, proposed to work on space rendezvous and related spacecraft docking research, building on graduate research into risk metrics and technical algorithms for spacecraft operations.

Field: aerospace/astronautical engineering · Read the decision (uscis.gov)

Prong 2 — well positionednot established · dispositive

The Petitioner did not show, for example, that the testing has affected the aerospace or field or otherwise represents a record of success or progress
the Petitioner did not establish that the extent of his role and overall contributions to sufficiently demonstrates that he is well positioned to advance his proposed endeavor
the record does not show that the Petitioner (rather than) was mainly responsible for obtaining funding for research projects
he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor
the Petitioner did not show the significance of his published works or that they garnered a level of interest sufficient to demonstrate that he is well positioned to advance his endeavor
The Petitioner, however, has not sufficiently demonstrated that his work has served as an impetus for progress in the astronautical field

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the Petitioner did not demonstrate how his role... reflects that he is well positioned in the field
    AAO decision text
  • citations publications · discounted
    he did not further elaborate and explain how the field has been affected by the paper
    AAO decision text
  • funding · discounted
    the record does not show that the Petitioner... was mainly responsible for obtaining funding
    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
  • resume experience · discounted
    not every individual who has performed original research will be found to be well positioned to advance his proposed endeavor
    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
  • Funding absent · p2no documented funding or resources behind the plan
  • Letters not independent · p2letters come from employers and close collaborators, not independent experts
  • 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

AAO explicitly distinguishes the case from Dhanasar itself, noting the petitioner's citation record and funding role were much weaker than the named precedent petitioner's; also rejects the argument that citation counts should not apply because the field is 'pioneering and new.'

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

Cases in adjacent profiles