NIW Bearings
dismissedJAN292024_02B52032024-01-29 · 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 graduate teaching assistant, proposed to conduct research on converting waste into activated carbon materials for energy storage applications.

Field: waste conversion for energy storage (waste conversion to activated carbon materials) · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO withdrew the Director's finding of ineligibility for EB-2 classification, finding the Director had not adequately explained why the WES credential evaluation was insufficient; issue left unresolved as unnecessary to the disposition.

Prong 2 — well positionednot established · dispositive

Simply submitting proof of publications without sufficient evidence to describe how those publications show progress towards achieving the goals ofthe proposed research or a record of success in similar efforts are not sufficient
Nor, as the Director stated, is it clear that the citations are self-citations as opposed to independent citations.
The letters did not illuminate the Petitioner's proposed endeavor, or as the Director correctly noted, how the Petitioner's past research provides a foundation for their future research
In any event, a degree in and of itself is not a basis to determine that a person is well positioned to advance a proposed endeavor.
The record does not adequately describe how the Petitioner's proposed endeavor's objectives can be realized through a part time conduit.

AAO decision text

How the evidence was treated

  • citations publications · discounted
    they do not sufficiently describe how the published articles demonstrated a record of success or how they evidenced a related or similar effort
    AAO decision text
  • recommendation letter · discounted
    The letters did not illuminate the Petitioner's proposed endeavor... how the Petitioner's past research provides a foundation for their future research
    AAO decision text
  • degree · discounted
    a degree in and of itself is not a basis to determine that a person is well positioned to advance a proposed endeavor
    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
  • 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

AAO affirmed denial on prong 2 alone while explicitly withdrawing the Director's adverse EB-2 threshold finding, criticizing the Director for failing to explain why the WES credential evaluation was insufficient, and expressly reserving prongs 1 and 3 and the threshold EB-2 issue as unnecessary to reach; also flagged that the part-time (20 hrs/week) nature of the petitioner's position undermined feasibility of the endeavor.

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. 103.3
  • 8 C.F.R. 204.5(g)(1)
  • 8 C.F.R. 204.5(k)(2)
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles