NIW Bearings
dismissedFEB082024_04B52032024-02-08 · 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, holding master's degrees in engineering and computer information systems, proposed to research the aerodynamics of unmanned aerial vehicles (drones) and their applications to civilian tasks and industries such as agriculture, construction, and environmental monitoring.

Field: aviation technology / UAV aerodynamics engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found and AAO agreed Petitioner qualifies as advanced degree professional based on his master's degrees and intended occupation as a researcher.

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

he has not shown that his academic accomplishments and certification as an engineer-in-training by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor
the letters do not detail his achievements and contributions to his field, or how the Petitioner's research findings have had an impact in the field
the record does not show it was published, has a citation history, or has generated positive discourse in his field
Nor does the evidence show that his research findings have been frequently cited by independent researchers or otherwise constitute a record of success
the record does not include evidence demonstrating to what extent either research paper constitutes a record of success or progress in the field

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    they do not indicate that his work has influenced his field or has been adopted by others
    AAO decision text
  • citations publications · discounted
    the record does not show it was published, has a citation history, or has generated positive discourse in his field
    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
  • certification membership · discounted
  • resume experience · discounted
All 6 evidence items
  • motion resubmission · ignored
    this additional evidence presents new facts that did not exist at the time of filing
    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

Evidence submitted with RFE response (post-filing selection to PhD program, citation notification, publication submissions) was rejected as reflecting facts arising after filing, citing Matter of Katigbak. AAO declined to reach prong 3 as prong 2 was dispositive.

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
  • INA 203(b)(2)
  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of E-M-
  • Matter of Katigbak
  • Matter of L-A-C-

Cases in adjacent profiles