NIW Bearings
dismissedMAR112026_05B52032026-03-11 · appeal · SCOPS 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 conduct research on developing advanced devices for treating complex coronary artery disease using computational modeling, simulation, and multicenter clinical trials to optimize device design, improve patient outcomes, and reduce healthcare costs.

Field: interventional cardiology / cardiology research · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found and AAO agreed that the Petitioner qualifies as a member of the professions holding an advanced degree; threshold EB-2 was not at issue on appeal.

Prong 1 — national importanceestablished

As the Petitioner has demonstrated both the substantial merit and national importance of his proposed research, he has established that he meets the first prong of the Dhanasar framework.
the record does not establish that his clinical work would impact the field of cardiology research or U.S. public health more broadly, as opposed to being limited to the patients he serves.

AAO decision text

Prong 2 — well positionednot established · dispositive

he did not elaborate on the extent to which the Petitioner's specific findings are being utilized to improve diagnostic approaches for cardiovascular diseases.
he does not offer specific examples of how the Petitioner's work has affected cardiovascular care, improved patient outcomes, or otherwise shows success or progress at a level that renders him well positioned
the Petitioner has not submitted sufficient evidence confirming that information extrapolated from the larger field applies equally to each subfield within clinical medicine, including cardiology.
citation frequency which is quantitative in nature does not reveal the reasons for the citations, which involve a qualitative analysis.
none highlight or comment upon his research in a way that demonstrates he is well positioned to advance the proposed endeavor.
the Petitioner's evidence does not identify the specific research projects for which he has received funding or demonstrate the significance of his role.
while his Medical Physician Diploma renders him eligible for the underlying EB-2 visa classification, he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned
his time, approximately 25 - 30%, has been devoted to research.
The Petitioner, however, has not sufficiently demonstrated that his work constitutes a record of success or progress in cardiology research rendering him well positioned to advance his proposed endeavor.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    he does not offer specific examples of how the Petitioner's work has affected cardiovascular care, improved patient outcomes, or otherwise shows success or progress
    AAO decision text
  • citations publications · discounted
    citation frequency which is quantitative in nature does not reveal the reasons for the citations, which involve a qualitative analysis.
    AAO decision text
  • citations publications · discounted
    the Petitioner has not submitted sufficient evidence confirming that information extrapolated from the larger field applies equally to each subfield within clinical medicine, including cardiology.
    AAO decision text
  • other · discounted
    the record does not indicate that their methods have been accepted and implemented by the academic community.
    AAO decision text
  • funding · discounted
    the Petitioner's evidence does not identify the specific research projects for which he has received funding or demonstrate the significance of his role.
    AAO decision text
All 9 evidence items
  • degree · discounted
    he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor.
    AAO decision text
  • resume experience · discounted
    his time, approximately 25 - 30%, has been devoted to research.
    AAO decision text
  • certification membership · discounted
    he has not demonstrated, however, that his participation in the widespread peer review process represents a record of success in his field
    AAO decision text
  • awards · discounted
    he has not shown that his ... nominations and presentations, and conference invitations rise to the level of rendering him well positioned to advance the 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

The AAO explicitly addressed and rejected the Petitioner's argument that his citation record was stronger than Dr. Dhanasar's, clarifying that the Dhanasar precedent decision's well-positioned finding was not based on citation record but on funded grant proposals and government entity interest (NASA, AFRL). The AAO also discounted the Petitioner's bibliometric methodology article (advising top-10% citation threshold) because it had not been accepted by the academic community, and noted the article itself cautioned against using Google Scholar for bibliometric analysis. Prong 1 was found met (research, not clinical duties); prong 3 was expressly reserved under Bagamasbad.

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed prong two: letters, citations, funding, and peer review evidence showed expertise and some interest but not a record of success or concrete progress positioning him to advance the specific proposed research endeavor.

Transferable lesson

For prong two, submit evidence directly linking credentials/citations to concrete progress, funding tied to the specific endeavor, and qualitative proof of research uptake—not just citation counts or credentials.

Endeavor framing

moderate

National-importance theory

field_advancement · public_health

Evidence targeting

person_focused

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