NIW Bearings
dismissedJUN052018_01B52032018-06-05 · 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.

A neurology resident/fellow proposed to conduct clinical stroke research, provide patient care and medical education, and develop a telestroke/prehospital stroke navigation software product.

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

EB-2 threshold — addressed

Director found, and AAO did not dispute, that Petitioner qualifies as a member of the professions holding an advanced degree; sole issue was the waiver.

Prong 1 — national importanceestablished

As the Petitioner has documented both the substantial merit and national importance of his proposed research and telestroke product development, we find that the record supports the Director's determination that he meets the first prong

AAO decision text

Prong 2 — well positionednot established · dispositive

The Petitioner has not shown that his research has been frequently cited by independent neurologists or otherwise served as an impetus for progress in the field
While the aforementioned references note the importance of the Petitioner's research projects, they do not offer specific examples of how the Petitioner's findings have generated positive interest
the record does not adequately document that the product stands to be utilized beyond this single locality
In sum, the Petitioner has not demonstrated a record of success or progress in his field, or a degree of interest in his work from relevant parties

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    does not offer any specific examples of such implications
    AAO decision text
  • citations publications · discounted
    it does not show the impact of his work or demonstrate that the interest in his work rises to a level of rendering him well positioned
    AAO decision text
  • business plan · discounted
    the record does not adequately document that the product stands to be utilized beyond this single locality
    AAO decision text
  • certification membership · discounted
    without further information and documentation regarding the significance of this evidence, we do not find it sufficient
    AAO decision text
  • patents · discounted
    The record does not include a copy of this patent to support their assertion that the Petitioner was one of the inventors.
    AAO decision text
All 6 evidence items
  • resume experience · discounted
    Selection for a clinical training program to learn basic skills relating to the treatment of cerebrovascular disease is not necessarily an indicator
    AAO decision text

Where this case turned

  • Citations insufficient · p2citation counts without qualitative account of impact
  • Letters conclusory · p2letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p2impact confined to clients / a region
  • 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 found prong 1 satisfied (unusual - many decisions fail at prong 1) but dismissed based solely on prong 2 failure, declining to reach prong 3. AAO distinguished a non-precedent decision (Matter of L-R-R-) cited by Petitioner and clarified that clinical/instructional work lacked broader national importance beyond patients served, citing Dhanasar's own teaching-activity holding.

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)
  • 8 C.F.R. 103.3(c)
  • Matter of E-M-

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