NIW Bearings
dismissedJUL212020_05B52032020-07-21 · 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, an energy policy researcher, proposed to continue research on the transition from fossil fuels to renewable energy and on the fiscal systems underlying the oil and gas industry, while also seeking research-analyst or consulting positions with energy companies.

Field: energy policy / energy planning · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found, and the AAO did not disturb, that the Petitioner qualifies as a member of the professions holding an advanced degree based on his master's degree in Energy Planning.

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

he does not explain how the Petitioner's findings have affected the oil industry, have impacted the development of renewable energy resources, or otherwise constitute a record of success in his field.
the Petitioner has not demonstrated that the number of citations received by his articles reflects a level of interest in his work from relevant parties sufficient to meet Dhanasar's second prong.
the record does not show that he has published or presented any research in his field from 2014 until he filed the petition in May 2018, so as to demonstrate continued progress towards achieving his proposed endeavor.
the record does not show that the Petitioner (rather than one of the aforementioned professors) was mainly responsible for obtaining fonding for the research project.
he has not sufficiently demonstrated that his published and presented work has served as an impetus for progress in the energy policy field or that it has generated substantial positive discourse in the petroleum industry.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    he does not explain how the Petitioner's findings have affected the oil industry, have impacted the development of renewable energy resources, or otherwise constitute a record of success in his field.
    AAO decision text
  • citations publications · discounted
    the Petitioner has not demonstrated that the number of citations received by his articles reflects a level of interest in his work from relevant parties sufficient to meet Dhanasar's second prong.
    AAO decision text
  • resume experience · discounted
    he did not provide examples how the Petitioner's energy policy research has influenced the petroleum industry, has served as an impetus for progress or generated positive discourse in his field.
    AAO decision text
  • funding · discounted
    the record does not show that the Petitioner (rather than one of the aforementioned professors) was mainly responsible for obtaining fonding for the research project.
    AAO decision text
  • degree · credited
All 6 evidence items
  • other · discounted
    the Petitioner has not demonstrated that his occasional participation in the widespread peer review process represents a record of success in his field.
    AAO decision text

Where this case turned

  • Citations insufficient · p2citation counts without qualitative account of impact
  • Funding absent · p2no documented funding or resources behind the plan
  • 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

Although the AAO ultimately found the Petitioner's proposed energy policy research met prong one's national importance requirement, it separately found in a footnote that his proposed consulting and project management work for specific companies did NOT meet national importance because its benefit would be limited to his employer or clients, illustrating cross-prong/component-level failure reasoning (employer_specific_benefit) that did not affect the overall prong-one outcome. The AAO also questioned the reliability of Google Scholar citation data and a Scientometrics article the Petitioner submitted to support his citation record, finding the sources did not fit his field or actually support his claims.

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. 103.2(b)(1)
  • Poursina v. USCIS

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