NIW Bearings
dismissedJAN222025_01B52032025-01-22 · 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 proposed to continue research on the structure, function, and interaction of proteins to develop novel therapeutic targets and approaches for disease intervention, including Alzheimer's and other neurodegenerative diseases.

Field: protein biochemistry / neurodegenerative disease research · Read the decision (uscis.gov)

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

Although the Petitioner's advanced degree in a STEM field is an especially positive factor, it is not a sufficient basis to determine that he is well positioned to advance the proposed endeavor.
The professor does not offer specific examples indicating that the Petitioner's work has affected the field or otherwise represents a record of success or progress rendering her well positioned to advance the proposed endeavor.
the letter does not further elaborate and sufficiently explain how the Petitioner's work has been utilized in the field or otherwise constitutes a record of success.
she has not shown that a notable number of the citing authors placed unusual reliance on her work, resulting in a significant impact within the field.
The record does not show the Petitioner is mainly responsible for obtaining funding for the research project.
she has not sufficiently demonstrated her work has served as an impetus for progress in the field or it has generated substantial positive discourse in academic community.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    does not offer specific examples indicating that the Petitioner's work has affected the field
    AAO decision text
  • citations publications · discounted
    does not confirm that her work has impacted or advanced the field of endeavor
    AAO decision text
  • funding · discounted
    The record does not show the Petitioner is mainly responsible for obtaining funding for the research project.
    AAO decision text
  • degree · discounted
    it is not a sufficient basis to determine that he is well positioned to advance the proposed endeavor
    AAO decision text
  • resume experience · credited

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
  • 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

AAO explicitly distinguishes the facts from Matter of Dhanasar itself, noting the petitioner was not the named grant recipient (unlike Dhanasar, who was primary award contact) and that citation record alone was not the basis of Dhanasar's own second-prong finding.

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.

  • Flores v. Garland
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles