NIW Bearings
dismissedAUG232024_05B52032024-08-23 · 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 post-doctoral research at a U.S. university on emotion detection and recognition in human-robot interactions, developing algorithms and cognitive models for emotion-aware interfaces.

Field: human-robot interaction / computer science / artificial intelligence · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found and AAO agreed Petitioner qualifies as advanced degree professional based on foreign equivalent doctorate.

Prong 1 — national importanceestablished

We agree with the Director that the Petitioner's proposed endeavor has substantial merit and is of national importance.

AAO decision text

Prong 2 — well positionednot established · dispositive

Our review of the Petitioner's citation history in Google Scholar indicates that most of his citations are self-citations or citations by his co-authors.
the Petitioner did not submit evidence that his citation record is comparatively high in his field or that his work and proposed endeavor have otherwise garnered the interest of other researchers in his field
they do not sufficiently detail how the Petitioner's specific research work has influenced their field of human-robot interaction interface
the Petitioner did not offer evidence showing that he has received funding or other support for his research proposals or future projects
he has not provided evidence relevant to show the feasibility of his plan
Here, the limited evidence of interest is insufficient to meet the Petitioner's burden.

AAO decision text

How the evidence was treated

  • citations publications · discounted
    most of his citations are self-citations or citations by his co-authors
    AAO decision text
  • recommendation letter · discounted
    they do not sufficiently detail how the Petitioner's specific research work has influenced their field
    AAO decision text
  • resume experience · credited
  • degree · credited
  • business plan · discounted
    he has not provided evidence relevant to show the feasibility of his plan
    AAO decision text
All 6 evidence items
  • funding · discounted
    the Petitioner did not offer evidence showing that he has received funding or other support
    AAO decision text

Where this case turned

  • Business plan speculative · p2projections without a documented basis or steps
  • 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
  • Record of success insufficient · p2a claimed track record the documents do not establish
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Notable

AAO explicitly compared Petitioner's citation count (38) to Dr. Dhanasar's (23) but found most were self-citations/co-author citations, distinguishing quantity from independence; also found teaching activities not nationally important, limiting analysis to research endeavor only. Third prong expressly reserved as unnecessary given dispositive second-prong failure.

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
  • Flores v. Garland
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(1)
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles