NIW Bearings
dismissedMAR052021_01B52032021-03-05 · 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.

A postdoctoral researcher and teaching fellow proposed to continue research across geology, environmental science, climate research, and oceanography, without settling on a specific research project or line of work.

Field: geology / environmental science · Read the decision (uscis.gov)

EB-2 threshold — addressed

The record indicates the Petitioner qualifies as a member of the professions holding an advanced degree; this was not disputed.

Prong 1 — national importancenot established · dispositive

we can glean nothing from this vague statement about your proposed endeavor
the relevant question is not the importance of the field, industry, or profession in which the individual will work
it is unclear how the effects of his work would extend beyond the students he would instruct during the course of such a fellowship
Without sufficient documentation regarding any projected U.S. economic impact or job creation attributable to his specific work
the Petitioner has not sufficiently identified his proposed endeavor and therefore does not meet the first prong of the Dhanasar framework

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    The documentation submitted in support of the petition relates to the Petitioner's past research rather than his future plans
    AAO decision text
  • citations publications · discounted
    The documentation submitted in support of the petition relates to the Petitioner's past research rather than his future plans
    AAO decision text
  • resume experience · discounted
    The documentation submitted in support of the petition relates to the Petitioner's past research rather than his future plans
    AAO decision text
  • other · discounted
    These emails do not sufficiently articulate the proposed positions and most of this correspondence post-dates the filing of the petition.
    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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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

Petitioner titled his appellate submission 'Motion to Reopen' but the AAO treated it as an appeal based on the Form I-290B designation; petitioner characterized the Director's vagueness finding as 'legally preposterous.' The AAO expressly declined to reach prongs two and three after finding prong one dispositive.

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