NIW Bearings
sustainedJUL132018_01B52032018-07-13 · 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, a biostatistics researcher, proposed to design and analyze clinical trials and quality-of-life (QoL) studies in the U.S., applying statistical methodologies for drug development and cross-cultural QoL instrument design.

Field: biostatistics · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director did not address it; AAO found the record demonstrated he qualified as an advanced degree professional.

Prong 1 — national importanceestablished

As the Petitioner has documented both the substantial merit and national importance of his proposed research, we find that he meets the first prong of the Dhanasar framework.

AAO decision text

Prong 2 — well positionedestablished

We find that the Petitioner's past experience renders him well positioned to advance his proposed endeavor.

AAO decision text

Prong 3 — balance of factorsestablished

we find that he offers contributions of such value that, on balance, they would benefit the United States even assuming that other qualified U.S. workers are available.

AAO decision text

How the evidence was treated

  • recommendation letter · credited
  • citations publications · credited
  • resume experience · credited
  • degree · credited

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Notable

Fully favorable decision sustaining the appeal on all three Dhanasar prongs with no failure codes triggered; Director's decision had not even addressed threshold EB-2 eligibility, which AAO resolved favorably sua sponte.

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.

  • INA 203(b)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

Independent expert letters and citation evidence showed the petitioner's statistical methods work had already influenced broader biostatistics practice and clinical trial cost/accuracy, satisfying national importance and positioning prongs.

Transferable lesson

Pair endeavor description with expert letters and citation/impact data showing field-wide, cost/quality effects—not just personal skill—to satisfy national importance and positioning prongs.

Endeavor framing

moderate

National-importance theory

public_health · field_advancement · economic_growth_generic

Evidence targeting

mixed

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