NIW Bearings
dismissedJAN272021_02B52032021-01-27 · 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, holding a Ph.D. in Curriculum and Instruction, proposed to work as an instructional technologist designing, developing, and delivering online courses and training modules, alongside teaching and research in instructional technology.

Field: educational technology / instructional design · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Petitioner was found to qualify as a member of the professions holding an advanced degree based on his Ph.D.

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

“did not provide specific examples indicating that the Petitioner's work has affected online learning practices at multiple universities”
“she did not explain how his findings have been implemented, utilized, or applauded by others in the field”
“The record, however, does not include comparative statistics indicating how often others in his field are cited”
“he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned”
“The record, however, does not include evidence demonstrating the significance or level of distinction of this membership in his field”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “did not provide specific examples indicating that the Petitioner's work has affected online learning practices at multiple universities”
    AAO decision text
  • citations publications · discounted
    “The record, however, does not include comparative statistics indicating how often others in his field are cited”
    AAO decision text
  • certification membership · discounted
    “The record, however, does not include evidence demonstrating the significance or level of distinction of this membership in his field”
    AAO decision text
  • resume experience · discounted
    “he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned”
    AAO decision text
  • degree · discounted
    “education is merely one factor among many that may contribute to such a finding”
    AAO decision text

Where this case turned

  • Citations insufficient · p2 — citation counts without qualitative account of impact
  • Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
  • Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
  • Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
  • Record of success insufficient · p2 — a claimed track record the documents do not establish
271coded 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 agreed with the Director that the Petitioner's core research/instructional-design endeavor met prong 1 (substantial merit and national importance), but in a footnote separately found his teaching activities at his own university lacked national importance, citing Dhanasar's own teaching-activity holding. The dispositive failure was prong 2 (well positioned), and the AAO expressly declined to reach prong 3 as unnecessary.

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.

  • Poursina v. USCIS

Cases in adjacent profiles