NIW Bearings
dismissedJUL242024_04B52032024-07-24 · 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 proposed to conduct qualitative research on trauma and its impact on students' academic performance and behavior, aiming to develop strategies for improving student performance and school safety.

Field: education (qualitative research on trauma and student performance) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional based on his doctor of education degree; not disputed on appeal.

Prong 2 — well positionednot established · dispositive

the record does not otherwise demonstrate that he has the skills and knowledge that would position him well to advance the proposed endeavor
the Petitioner submitted evidence of his publications and citation record that shows that he has published only five works and been cited only one time
the letter writer does not describe interest in the Petitioner's proposed endeavor or interest in the Petitioner pursuing the endeavor
the record does not contain evidence of research funding, grants, or other investments in the Petitioner pursuing the proposed endeavor
the Petitioner does not discuss funding of his research, any specific research projects which he is currently pursuing or conducting

AAO decision text

How the evidence was treated

  • resume experience · discounted
    the record shows that the Petitioner has little experience as an academic researcher
    AAO decision text
  • citations publications · discounted
    the lack of a significant citation record...weighs against finding that the Petitioner has a record of success
    AAO decision text
  • recommendation letter · discounted
    the letter writer does not describe interest in the Petitioner's proposed endeavor or interest in the Petitioner pursuing the endeavor
    AAO decision text
  • other · discounted
    they do not provide sufficient details, plans, or progress to be credible and persuasive
    AAO decision text
  • funding · ignored
    the record does not include any similar evidence of funding, from government or non-government sources
    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
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Notable

AAO noted the Director's decision contained an internal contradiction about which prongs were met, but found it nonetheless legally sufficient for review. AAO also rejected Petitioner's argument that the Director improperly relied on the vacated NYSDOT decision, without further elaboration, and declined to reach prongs 1 and 3 after finding prong 2 dispositive.

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
  • Matter of L-A-C-

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