NIW Bearings
dismissedJAN192021_03B52032021-01-19 · 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, a physics doctoral candidate and research assistant, proposed to continue conducting hypersonic technology research in the United States.

Field: physics (hypersonic technology research) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as advanced-degree professional based on his master's degree in physics; AAO adopted this finding without dispute.

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor
the record does not establish that the Petitioner, rather than his professor or one of his coauthors for example, was primarily responsible for securing the funding
our determination that he was well positioned under the second prong was not based on his citation record alone
the Petitioner has not... demonstrated that his published work has generated substantial positive discourse in the field
he has not sufficiently established that this work renders him well positioned to advance his proposed endeavor

AAO decision text

How the evidence was treated

  • citations publications · discounted
    our determination that he was well positioned under the second prong was not based on his citation record alone
    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
  • funding · discounted
    the record does not establish that the Petitioner ... was primarily responsible for securing the funding
    AAO decision text
  • motion resubmission · discounted
    the Petitioner generally repeats previous claims that he has established his eligibility
    AAO decision text
  • recommendation letter · ignored
    This claim is also repeated in a number of the opinion letters submitted
    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
  • 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

The AAO expressly adopts and affirms the Director's decision, then engages in a detailed point-by-point comparison of the Petitioner's record to the beneficiary's record in Matter of Dhanasar itself (citations, degrees, funding role) to explain why the Petitioner falls short. The third prong is explicitly not reached because the second-prong failure is deemed independently dispositive, and the AAO states each stated reason is an independent and 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.

  • 8 C.F.R. 204.5(k)(2)
  • Chen v. INS
  • INA 203(b)(2)
  • Poursina v. USCIS

Cases in adjacent profiles