NIW Bearings
dismissedJUN242026_02B52032026-06-24 · 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, a postdoctoral researcher, proposed to study regulatory mechanisms of neutrophil development and function—including CRISPR screening and neutrophil extracellular trap formation—to identify diagnostic and therapeutic targets for inflammatory diseases such as IBD, sepsis, and atherosclerosis.

Field: cell biology / pharmacology (neutrophil biology and inflammatory disease research) · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Petitioner obtained a U.S.-equivalent master's degree and Ph.D. and thus qualifies as an advanced degree professional; this was not disputed.

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

“the record does not sufficiently demonstrate the Petitioner's record of success relating to his proposed endeavor”
“The authors offer little detail to substantiate a finding that the Petitioner's research has affected the neutrophil development or neutrophil-targeted therapies.”
“these did not obtain widespread attention, receiving no citation at the time of filing”
“the Petitioner has not sufficiently shown his plan for future activities and any progress toward achieving the proposed endeavor”
“the Petitioner has not submitted any other documentation to establish the parameters of this grant or show whether he applied for and received such fonding”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “do not offer persuasive details on the Petitioner's neutrophils research and its impact on inflammatory diseases”
    AAO decision text
  • citations publications · discounted
    “received only five citations at the time of the Petitioner's RFE response”
    AAO decision text
  • funding · discounted
    “the Petitioner has not submitted any other documentation to establish the parameters of this grant”
    AAO decision text
  • resume experience · credited
  • degree · credited

Where this case turned

  • Citations insufficient · p2 — citation counts without qualitative account of impact
  • Funding absent · p2 — no documented funding or resources behind the plan
  • Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
  • No progress evidence · p2 — no documented movement toward the endeavor since filing
  • Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable

The AAO acknowledged that USCIS had misidentified the endeavor in one instance ('infrastructure development or failure mechanism projects') but deemed it harmless error since it was an isolated misstatement. The AAO also rejected the Petitioner's argument that USCIS imposed an unduly restrictive, heightened standard requiring leadership/control of research agendas or federal grants, clarifying that Dhanasar's factors are non-exhaustive ('including, but not limited to'). The decision explicitly declined to reach prong 3, citing INS v. Bagamasbad to avoid purely advisory findings.

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

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