NIW Bearings
dismissedDEC202019_01B52032019-12-20 · 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, a hematopathology fellow/clinician, proposed to work in the U.S. diagnosing blood diseases and conducting research to advance understanding and diagnosis of blood diseases and disorders, in addition to clinical and teaching duties.

Field: hematopathology · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found, and AAO did not disturb, that Petitioner qualifies as a member of professions holding an advanced degree.

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

the evidence is insufficient to demonstrate that he is well positioned to advance that research under Dhanasar' s second prong
he has not demonstrated that this work has been influential among hematopathology researchers, has served as an impetus for progress or generated positive discourse in the field
He does not, however, offer comparative statistics demonstrating the significance of this level of citation within his field
These memberships and training certification, however, are insufficient to show a record of success in his research or a level of interest in his work from relevant parties
the Petitioner has not shown that his published and presented work has served as an impetus for progress in the hematopathology field

AAO decision text

Prong 3 — balance of factorsnot established

as the Petitioner has not established that he is well positioned to advance his proposed endeavor as required by the second prong of the Dhanasar framework, he is not eligible for a national interest waiver and further discussion of the balancing factors under the third prong would serve no meaningful purpose
We note that the U.S. Department of Labor addresses shortages of qualified workers through the labor ce1iification process. Accordingly, a shortage alone does not demonstrate that waiving the requirement of a labor ce11ification would benefit the United States.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    did not indicate how the Petitioner's work at [] has affected the field of hematopathology or has otherwise rendered him well positioned to advance his proposed research
    AAO decision text
  • citations publications · discounted
    He does not, however, offer comparative statistics demonstrating the significance of this level of citation within his field.
    AAO decision text
  • certification membership · discounted
    These memberships and training certification, however, are insufficient to show a record of success in his research or a level of interest in his work from relevant parties
    AAO decision text
  • resume experience · discounted
    he has not shown that this work renders him well positioned to advance his proposed hematopathology research
    AAO decision text
  • other · credited

Where this case turned

  • certification membership · p2certifications or memberships offered as proof of standing
  • Citations insufficient · p2citation counts without qualitative account of impact
  • Education alone insufficient · p2degrees offered as positioning — credentials are not a track record
  • Letters not independent · p2letters come from employers and close collaborators, not independent experts
  • Record of success insufficient · p2a claimed track record the documents do not establish
  • Derivative of Prong 1/2 failure · p3prong three fails only because prongs one or two did — no independent ground
  • U.S. worker availability · p3the impracticality of a labour-market test was asserted, not established
4coded 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 agreed the endeavor met prong 1 (substantial merit and national importance) as to research, but explicitly excluded the petitioner's clinical and teaching work from national importance, citing Dhanasar's own teaching-activity holding. Dismissal turned entirely on prong 2; prong 3 discussion was truncated but included a footnote rejecting occupational shortage as a basis for waiver.

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.

  • INA 203(b)(2)
  • INA 291
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed prong 2: evidence of research (one coworker letter, uncontextualized citation count) did not show he was well positioned to advance the proposed research endeavor.

Transferable lesson

Provide comparative benchmarking (citation norms, expert testimony on influence) proving research impact and progress, not just publication/citation existence.

Endeavor framing

moderate

National-importance theory

public_health · field_advancement

Evidence targeting

mixed

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