NIW Bearings
dismissedJAN082016_02B52032016-01-08 · 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.

A physician-researcher specializing in neonatology sought to continue clinical work and research on breast milk composition and its effects on premature infant growth and outcomes.

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

EB-2 threshold — not met

Petitioner did not submit official academic record (medical degree) or ECFMG certificate as required by 8 C.F.R. 204.5(k)(3)(i), relying instead on secondary evidence (Ohio license) which was insufficient.

Prong 1 — national importanceestablished

the Petitioner has established that his work as a physician is in an area of substantial intrinsic merit and that the proposed benefits of his research on breast milk would be national in scope.

AAO decision text

Prong 3 — balance of factorsnot established · dispositive

USCIS need not rely on unsubstantiated, conclusory statements.
Any assertion that the petitioner possesses a "unique" background relates to whether similarly-trained workers are available in the United States
there is no evidence showing, for instance, frequent independent citation of his work, or that his findings have otherwise affected the field
the record does not establish that the Petitioner's work has influenced the field as a whole or that he will otherwise serve the national interest to a substantially greater degree than would an available U.S. worker

AAO decision text

How the evidence was treated

  • degree · discounted
    he may not rely on secondary evidence.
    AAO decision text
  • recommendation letter · discounted
    USCIS need not rely on unsubstantiated, conclusory statements.
    AAO decision text
  • citations publications · discounted
    there is no evidence showing, for instance, frequent independent citation of his work
    AAO decision text

Where this case turned

  • Letters conclusory · p3letters praise skills in general terms without tracing specific impact
  • Letters not independent · p3letters come from employers and close collaborators, not independent experts
  • Record of success insufficient · p3a claimed track record the documents do not establish
  • U.S. worker availability · p3the impracticality of a labour-market test was asserted, not established
838coded 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

Applies pre-Dhanasar NYSDOT three-part test. AAO found intrinsic merit and national scope prongs met but denied on the third NYSDOT prong (greater benefit than U.S. worker), which maps most closely to p3 but also incorporates letters/record-of-success analysis typically coded under p2. Decision also independently denied on threshold EB-2 advanced degree evidentiary grounds (failure to submit primary evidence of degree), treated as an independent alternate basis for dismissal.

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
  • Matter of Otiende
  • Matter of V-K-
  • Visinscaia v. Beers

Cases in adjacent profiles