NIW Bearings
dismissedDEC052023_04B52032023-12-05 · 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 proposed to continue public health research using mixed-methods approaches, focusing on health promotion and disease prevention for people with disabilities, accessibility research, and related topics such as vesicovaginal fistula.

Field: public health · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not dispute, that Petitioner qualifies as a member of the professions holding an advanced degree (Ph.D. in Public Health).

Prong 1 — national importanceestablished

We agree with the Director that the Petitioner has satisfied the first prong of the Dhanasar framework.

AAO decision text

Prong 2 — well positionednot established · dispositive

he does not offer specific examples indicating that the Petitioner's work has affected the field of public health or otherwise represents a record of success or progress
The Petitioner, however, has not demonstrated that the number of citations received by her published articles reflects a level of interest in her work from relevant parties sufficient to meet Dhanasar 's second prong.
she has not shown that her academic accomplishments and citation record by themselves are sufficient to demonstrate that she is well positioned to advance her proposed endeavor
the Petitioner has not sufficiently demonstrated that her published and presented work has served as an impetus for progress in the public health field
the Petitioner has not presented copies ofresearch grants showing the funding she obtained for her specific projects

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    does not offer specific examples indicating that the Petitioner's work has affected the field of public health or otherwise represents a record of success or progress
    AAO decision text
  • citations publications · discounted
    has not demonstrated that the number of citations received by her published articles reflects a level of interest in her work from relevant parties
    AAO decision text
  • degree · credited
  • resume experience · discounted
    she has not shown that this work renders her well positioned to advance her proposed endeavor
    AAO decision text
  • other · discounted
    The record, however, does not indicate how these two scores were calculated or that they represent an objective measure of research impact.
    AAO decision text
All 7 evidence items
  • funding · discounted
    the Petitioner has not presented copies of research grants showing the funding she obtained for her specific projects
    AAO decision text
  • other · discounted
    this approval does not preclude USCIS from denying an immigrant visa petition which is adjudicated based on a different standard
    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
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 rejects Petitioner's direct-comparison argument to Dr. Dhanasar himself (different field, employer R&D budget irrelevant to individual-focused prong two); also discounts post-filing evidence (Uganda trip, peer-review invitations, O-1 approval) as not existing at time of filing; addresses discontinued ResearchGate RG Score metric in detail via footnote.

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)
  • 8 C.F.R. 204.5(k)(2)
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles