NIW Bearings
dismissedFEB092023_02B52032023-02-09 · 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, an electrical engineering PhD student, proposed research into novel MEMS switch contact materials, geometries, and actuators to develop more reliable microchip switches for next-generation wireless, IOT, aerospace, and defense applications.

Field: electrical engineering / MEMS technology · Read the decision (uscis.gov)

Prong 1 — national importanceestablished

the Petitioner has sufficiently shown the substantial merit and national importance of his proposed endeavor

AAO decision text

Prong 2 — well positionednot established · dispositive

a degree in and of itself is not a basis to determine that a person is well positioned to advance the proposed endeavor
The Petitioner, however, did not show how his current, temporary job and prospective, contingent position well situates himself to advance his proposed endeavor.
The letters do not further elaborate and sufficiently explain how the Petitioner's work has been utilized in the field
the authors reference the Petitioner's research as background material for their own findings, and these limited articles do not represent a level of his success in the field
the record does not show that the Petitioner was mainly responsible for obtaining funding for the research project
he has not sufficiently demonstrated that his published work has served as an impetus for progress in the field

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    The letters do not further elaborate and sufficiently explain how the Petitioner's work has been utilized in the field
    AAO decision text
  • citations publications · discounted
    The Petitioner has not established that the number of citations received by his published articles and conference papers reflect a level of interest
    AAO decision text
  • funding · discounted
    the record does not show that the Petitioner was mainly responsible for obtaining funding for the research project
    AAO decision text
  • degree · discounted
    a degree in and of itself is not a basis to determine that a person is well positioned to advance the proposed endeavor
    AAO decision text
  • resume experience · discounted
    did not show how his current, temporary job and prospective, contingent position well situates himself to advance his proposed endeavor
    AAO decision text
All 6 evidence items
  • other · discounted
    did not explain the significance of his review experience or demonstrate that his participation in the widespread peer review process represents a record of success
    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
  • Funding absent · p2no documented funding or resources behind the plan
  • Letters conclusory · p2letters praise skills in general terms without tracing specific impact
  • 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
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

The AAO specifically distinguished the petitioner's citation and funding evidence from that presented in Matter of Dhanasar itself, rebutting the petitioner's argument that his citation count 'dwarfed' the Dhanasar petitioner's.

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.

  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles