NIW Bearings
dismissedDEC162025_01B52032025-12-16 · appeal

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 senior research data analyst in a psychiatry department, proposed to develop advanced computational and machine-learning methods to analyze cognitive and behavioral data in order to improve diagnosis and treatment of neuropsychiatric disorders such as Alzheimer's disease, eating disorders, and obesity-related conditions.

Field: neuroinformatics / neuropsychiatric data analysis · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed she qualifies as an advanced degree professional based on her master's degree in computer science; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

“she has not explained, with sufficient detail, how her endeavor will impact the field of neuroinformatics at a level commensurate with national importance”
“the reference letters provided do not discuss this research.”
“the Petitioner's evidence does not establish any on-going government funding for her research at a level commensurate with national importance.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“the Petitioner has not demonstrated that she has consistent research fonding or interest from government agencies to pursue her proposed endeavor.”
“her citation record as an independent researcher is insufficient to establish she is well-positioned to advance her proposed research”
“the Petitioner has not provided sufficient relevant evidence to establish the feasibility of her proposed endeavor or evidence demonstrating she has the means or financial support”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “the reference letters provided do not discuss this research.”
    AAO decision text
  • citations publications · discounted
    “this data is also quantitative in nature and not qualitative and does not sufficiently establish the level of interest in her research.”
    AAO decision text
  • funding · discounted
    “the evidence provided does not address how the Petitioner will fond or pursue her proposed research into neuroinformatics.”
    AAO decision text
  • degree · credited

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • Citations insufficient · p2 — citation counts without qualitative account of impact
  • Funding absent · p2 — no documented funding or resources behind the plan
  • Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
  • Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable

The AAO included an unusually detailed footnote analyzing limitations of the OpenAlex citation database, including self-citation flagging issues and 'citation bursts' from trendy topics, and specifically noted the Petitioner's COVID-19-related article's citations declined after 2022, suggesting an inflated/trend-driven citation count rather than genuine field impact.

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
  • 8 C.F.R. 103.5
  • Flores v. Garland
  • Matter of Caron Int'l
  • Matter of D-R-
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles