NIW Bearings
dismissedJUN132025_03B52032025-06-13 · appeal

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 sought to continue research on developing mechanisms for advanced manufacturing in healthcare to improve prostheses and orthoses, as well as work on crash absorbers and robotics, intending to pursue this as an assistant professor at a university.

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

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

a degree in and of itself, is not a basis to determine that a person is well positioned to advance the proposed endeavor
this evidence alone is insufficient to demonstrate a level of interest or a record of research success that renders him well positioned
these letters are supportive in tone and positive factors, they generally lack specific and concrete examples demonstrating how the Petitioner's work has been adopted
The fact that the Petitioner does not currently have such a position weighs against demonstrating either a specific model or plan for future activities or progress toward achieving the endeavor
the evidence submitted does not sufficiently demonstrate that the Petitioner is well positioned to independently secure fonding or lead the advancement of his proposed endeavor
we conclude that the Petitioner has not established that he is well positioned to advance the proposed endeavor

AAO decision text

How the evidence was treated

  • citations publications · discounted
    citation frequency...does not reveal the reasons for the citations, which involve a qualitative analysis
    AAO decision text
  • recommendation letter · discounted
    these letters are supportive in tone and positive factors, they generally lack specific and concrete examples
    AAO decision text
  • funding · discounted
    the evidence submitted does not sufficiently demonstrate that the Petitioner is well positioned to independently secure fonding
    AAO decision text
  • degree · credited
  • patents · ignored
All 6 evidence items
  • resume experience · discounted
    not every individual who has performed original research will be found to be well positioned to advance their proposed endeavor
    AAO decision text

Where this case turned

  • Citations insufficient · p2citation counts without qualitative account of impact
  • Education alone insufficient · p2degrees offered as positioning — credentials are not a track record
  • 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 agreed with SCOPS on prong 1 (national importance conceded) but reversed to deny on prong 2, emphasizing lack of job offer/funding/statement of interest despite acknowledging PhD in STEM as an 'especially positive factor'; extensively distinguished the facts from Matter of Dhanasar itself.

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.

  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles