NIW Bearings
dismissedJUN112024_10B52032024-06-11 · 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 doctoral student in mechanical engineering proposed to continue research on Inconel/Aluminum composite fabrication and austenitic stainless steel via additive manufacturing, publish her findings, and work as a researcher/tutor in the field after completing a postdoctoral degree.

Field: mechanical engineering / additive manufacturing · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO agreed, Petitioner qualifies for EB-2 as a member of the professions holding an advanced degree.

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

The Petitioner has not established, however, a record of success in related or similar efforts, progress towards achievement of her proposed endeavor, or interest from other individuals or entities beyond her past and current institutions and advisors.
The authors of the Petitioner's support letters are all former or current advisors, colleagues, or professors at her current, past, or affiliated institutions.
The document does not indicate which articles were cited, how many times such articles were cited, or whether the citations included self-citations
the Petitioner did not submit evidence that NASA has expressed any interest in her proposed endeavor
The Petitioner did not submit evidence that she received grant funding from any institutions outside the context of her academic education that would indicate interest in her proposed endeavor.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    The authors of the Petitioner's support letters are all former or current advisors, colleagues, or professors at her current, past, or affiliated institutions.
    AAO decision text
  • citations publications · discounted
    The document does not indicate which articles were cited, how many times such articles were cited, or whether the citations included self-citations by the Petitioner or her co-authors.
    AAO decision text
  • funding · discounted
    The Petitioner did not submit evidence that she received grant funding from any institutions outside the context of her academic education.
    AAO decision text
  • degree · credited
  • certification membership · credited

Where this case turned

  • Citations insufficient · p2citation counts without qualitative account of impact
  • Funding absent · p2no documented funding or resources behind the plan
  • Letters not independent · p2letters come from employers and close collaborators, not independent experts
  • 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

AAO reversed the Director on prong 1, finding national importance established (crediting critical/emerging technology list and expert letters), but affirmed denial on prong 2 due to lack of independent corroboration and progress evidence, declining to reach prong 3.

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-

Cases in adjacent profiles