NIW Bearings
dismissedJUL022025_01B52032025-07-02 · appeal

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, an applied linguist, proposed to continue research collecting and analyzing discourse data and cultural narratives using critical discourse analysis and related linguistic frameworks to illuminate the experiences of marginalized populations.

Field: applied linguistics · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The Petitioner, however, does not adequately detail how providing his services as a linguist would have such broader impact in the industry that it rises to the level of national importance.
While these accomplishments show that the Petitioner is active in academic discourse, the quantity and impact of the citations do not, in this case, rise to the level of national influence.
the letter does not offer specific details on how the Petitioner's endeavor would accomplish these goals or how any impact would have broader implications.
The Petitioner has not offered sufficient, specific evidence regarding any projected U.S. economic impact directly attributable to his future work.
Without adequate evidence demonstrating any specific U.S. economic impact, job creation, or other significant economic activity directly attributable to his future work, the Petitioner's claims that his endeavor will provide substantial, direct positive economic effects is unpersuasive.

AAO decision text

How the evidence was treated

  • citations publications · discounted
    the quantity and impact of the citations do not, in this case, rise to the level of national influence
    AAO decision text
  • recommendation letter · discounted
    opinions and support letters provide little probative evidence of the Petitioner's eligibility under Dhanasar's first prong
    AAO decision text

Where this case turned

  • Citations insufficient · p1citation counts without qualitative account of impact
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
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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
  • Flores v. Garland
  • INA 203(b)(2)

Cases in adjacent profiles