NIW Bearings
dismissedMAR032020_01B52032020-03-03 · appeal · Nebraska 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 internal medicine resident, proposed to continue cardiovascular research examining treatment techniques for coronary occlusions and optimal statin dosages, alongside his clinical patient care duties.

Field: cardiovascular medicine · Read the decision (uscis.gov)

Prong 1 — national importanceestablished

the record does not establish that his clinical work would impact the field of cardiovascular medicine or the U.S. healthcare industry more broadly, as opposed to being limited to the patients he serves

AAO decision text

Prong 2 — well positionednot established · dispositive

the Petitioner has not demonstrated that this number of citations constitutes a record of success or a level of interest in his work from relevant parties sufficient to meet Dhanasar's second prong
the Petitioner has not shown that his published and presented work has served as an impetus for progress in the cardiovascular medicine field
but the Petitioner has not shown that these findings have been implemented, utilized, or applauded by others in the field
As the record is insufficient to show that the Petitioner is well positioned to advance his proposed research endeavor, he has not established that he satisfies the second prong of the Dhanasar framework.

AAO decision text

How the evidence was treated

  • citations publications · discounted
    the Petitioner has not demonstrated that this number of citations constitutes a record of success or a level of interest in his work
    AAO decision text
  • recommendation letter · discounted
    the Petitioner has not shown that these findings have been implemented, utilized, or applauded by others in the field
    AAO decision text
  • resume experience · discounted
    not every individual who has performed original research will be found to be well positioned to advance his proposed endeavor
    AAO decision text
  • certification membership · discounted
    the Petitioner has not documented the reputation of these journals or offered other documentation demonstrating that his peer review experience rises to the level of rendering him well positioned
    AAO decision text

Where this case turned

  • Local, not national scope · p1impact confined to clients / a region
  • Citations insufficient · p2citation counts without qualitative account of impact
  • Letters conclusory · p2letters praise skills in general terms without tracing specific impact
  • Record of success insufficient · p2a claimed track record the documents do not establish
  • Derivative of Prong 1/2 failure · p3prong three fails only because prongs one or two did — no independent ground
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Notable

The AAO explicitly rebutted the Petitioner's argument that he had a stronger citation record than the petitioner in Matter of Dhanasar itself, clarifying that citation counts were not the basis for that precedent's second-prong finding. The decision also separately found clinical patient-care work failed prong 1's national importance element even though the research endeavor passed prong 1, illustrating a split treatment of dual endeavors within one petitioner's activities.

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.

  • INA 203(b)(2)
  • Poursina v. USCIS

Cases in adjacent profiles