NIW Bearings
dismissedMAR172022_06B52032022-03-17 · 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 research analyst for a state juvenile justice department, proposed to conduct research on recidivism and assault factors in juvenile detention facilities, developing classification tools and policy recommendations, with claimed potential extension to other states.

Field: juvenile justice / social services research · Read the decision (uscis.gov)

EB-2 threshold — addressed

The AAO found the Petitioner qualifies as a member of the professions holding an advanced degree (Master of Science in Economics).

Prong 1 — national importancenot established · dispositive

the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond I I to impact the social services field or societal welfare more broadly at a level commensurate with national importance
The Petitioner, however, has not provided evidence from or other state agencies outside of to corroborate his claims relating to the potential prospective impact of his proposed endeavor
the record does not show that benefits to the U.S. regional or national economy resulting from his projects would reach the level of "substantial positive economic effects" contemplated by Dhanasar
the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes to undertake"
The letters of support froml land I mainly focus on the Petitioner's skills, knowledge, and past work experience rather than the national importance of his proposed endeavor

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    he does not discuss the broader implications of the Petitioner's proposed endeavor beyond
    AAO decision text
  • other · discounted
    These two reports, however, do not demonstrate the Petitioner's proposed endeavor's prospective impact on a broader scale
    AAO decision text
  • resume experience · discounted
    The Petitioner's skills, knowledge, and prior work in his field relate to the second prong of the Dhanasar framework
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
  • 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 attempted to rely on the vacated NYSDOT framework on appeal, which AAO explicitly rejected, noting Dhanasar vacated NYSDOT in December 2016. AAO also noted the appellate brief merely repeated RFE-response information without identifying error in the Director's decision.

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.

  • Poursina v. USCIS

Cases in adjacent profiles