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 · p2citation counts without qualitative account of impact
  • Education alone insufficient · p2degrees offered as positioning — credentials are not a track record
  • 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 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