NIW Bearings
dismissedJUN132022_01B52032022-06-13 · motion_reconsider · 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 assistant professor of international studies, proposed an endeavor combining university teaching of international relations with research analyzing foreign policy to support civil society and public affairs in emerging societies, alongside consulting, analyst, and editorial activities.

Field: international relations / international studies · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

it does not establish how much time she will devote to teaching, as opposed to conducting research
the record does not establish how the Petitioner's research is "state-of-the-art" or how it provides "novel insights,"
the record does not contain documentary evidence to support assertions that the Petitioner's research has been funded by the Defense Department's U.S. Southern Command
the few letters of recommendation that address the Petitioner's future research plans provide generalized and unsubstantiated descriptions, such as "groundbreaking," "influential," and "innovative,"
the Petitioner's statement, quoted above, does not provide sufficient details, corroborated by objective evidence, to establish how the proposed research endeavor would have "national or even global implications

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    generalized and unsubstantiated descriptions, such as "groundbreaking," "influential," and "innovative,"
    AAO decision text
  • funding · discounted
    the record does not contain documentary evidence to support assertions that the Petitioner's research has been funded by the Defense Department's U.S. Southern Command
    AAO decision text
  • motion resubmission · discounted
    the Petitioner has not established on motion that our decision was incorrect based on the evidence in the record of proceedings at the time of the decision
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
2,501coded 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

The Petitioner argued that specific employment role (teaching vs. research) was irrelevant to national importance, but the AAO rejected this, reiterating that endeavor specificity is essential. The AAO also addressed and distinguished the Petitioner's citation to a prior non-precedent decision, emphasizing its non-binding nature.

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(c)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of L-A-C-

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