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 Ph.D. student in earth and environmental science, sought an EB-2 NIW based on exceptional ability, having published research in geophysics and seismology. The AAO declined to reach the NIW prongs because the Petitioner failed to establish the threshold exceptional ability classification.
Field: earth and environmental science / geophysics · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner sought exceptional ability track (not advanced degree). AAO found she met only two of six regulatory criteria (academic record and professional memberships), disagreeing with SCOPS that criterion F (recognition for achievements and significant contributions) was met. In the final merits determination, AAO found her bachelor's degree plus ongoing Ph.D. study, two professional memberships, modest citation record (27 total, later updated), and conclusory recommendation letters did not establish expertise significantly above that ordinarily encountered in her field.
How the evidence was treated
- degree · discounted
“the Petitioner did not demonstrate how a bachelor of science degree, as well as pursuit of a Ph.D., sets her apart from others”
AAO decision text - certification membership · discounted
“the Petitioner did not show how her two memberships represent a level of expertise significantly above others in her field”
AAO decision text - citations publications · discounted
“the Petitioner did not demonstrate that her publication record demonstrates significant contributions or a degree of expertise significantly above that ordinarily encountered”
AAO decision text - other · discounted
“articles published in highly ranked journals or from reputable conference proceedings do not necessarily establish that the articles or research have been significant”
AAO decision text - other · discounted
“the Petitioner did not provide credible documentation establishing that her publication percentiles establish a significant contribution and a degree of expertise significantly above that ordinarily encountered”
AAO decision text
All 8 evidence items
- other · discounted
“the Petitioner did not establish that her articles were distinguished from the other articles cited or somehow set apart to indicate a significant contribution”
AAO decision text - other · discounted
“the evidence shows interest in her work and may indicate recognition of her achievements, but the Petitioner did not demonstrate that her work resulted in significant contributions”
AAO decision text - recommendation letter · discounted
“the letters make broad claims as the impact or influence on the field, the letters do not contain specific information establishing how her research or work has significantly contributed to the field”
AAO decision text
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Notable
The AAO disagreed with SCOPS on criterion F (recognition for achievements and significant contributions), finding it not met, which left the Petitioner with only two of six criteria satisfied — below the three required. Nevertheless, the AAO proceeded to conduct a final merits determination anyway (because SCOPS had done so) and found the totality of evidence insufficient. The AAO expressly reserved the NIW prong analysis under INS v. Bagamasbad because the threshold exceptional ability showing failed. The decision also contains a notable methodological critique of Google Scholar as a bibliometric tool, citing the Petitioner's own submitted article that warned against using GS for research evaluation.
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