NIW Bearings
dismissedMAR032025_02B52032025-03-03 · 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.

The Petitioner, a director of technology development in positioning and navigation systems and adjunct professor, proposed to conduct research on GPS interference detection and mitigation as a tenure-track professor in the United States.

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

EB-2 threshold — addressed

Director found Petitioner qualifies as an advanced degree professional based on his PhD in geomatics engineering; not disputed on appeal.

Prong 2 — well positionednot established · dispositive

Although the Petitioner's advanced degree in a STEM field is an especially positive factor, it is not a sufficient basis to determine that he is well positioned to advance the proposed endeavor.
they only generally describe his research and other accomplishments and the importance of GPS technology and provide limited information or examples of how his research and work has been implemented
citation frequency, which may include self-citations, is quantitative in nature and does not reveal the reasons for the citations, which involve a qualitative analysis.
The Petitioner, however, does not offer evidence showing that he has been the recipient of any scientific research grants or other source of funding for past or future projects
The record does not contain evidence of any job offer made to the Petitioner or any further communications with the universities
he has not sufficiently shown a record of success in related or similar efforts, progress towards achieving his proposed endeavor; and interest from relevant entities or individuals.

AAO decision text

How the evidence was treated

  • degree · discounted
    it is not a sufficient basis to determine that he is well positioned to advance the proposed endeavor
    AAO decision text
  • citations publications · discounted
    citation rates should not be interpreted as representing the central tendency of the distribution
    AAO decision text
  • recommendation letter · discounted
    they only generally describe his research and other accomplishments...provide limited information or examples
    AAO decision text
  • patents · discounted
    has not, however, provided evidence demonstrating the significance of the patents to the geomatics engineering field
    AAO decision text
  • other · discounted
    the record does not show that his occasional participation in the widespread peer review process represents a record of success
    AAO decision text
All 6 evidence items
  • resume experience · discounted
    Each application for the professor positions was submitted on the same day...generally states that the submitted application would be reviewed
    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
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 expressly declined to reach prongs 1 and 3, reserving them, since prong 2 failure was dispositive; also notably critiqued the Petitioner's use of Clarivate Analytics citation percentiles as methodologically unsound for extrapolating from broader 'engineering' field to geomatics engineering subfield.

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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