NIW Bearings
dismissedMAR182025_03B52032025-03-18 · 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 forensic DNA technologist, proposed to develop, improve, and use DNA mapping and extraction technologies to aid law enforcement and courts in criminal investigations and identification of unidentified remains, while employed at a forensic laboratory.

Field: forensic science / DNA technology · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found and AAO agreed Petitioner qualified for EB-2 classification as advanced degree professional based on her master's degree in forensic science.

Prong 1 — national importancenot established · dispositive

The record does not establish how the Petitioner's work would extend beyond her employer's clients and her testimony at individual trials to impact her field or society more broadly in a manner commensurate with national importance.
The Petitioner cites no evidence to support this claim.
These materials attest to the importance of DNA technology, but do not discuss the Petitioner's specific proposed endeavor.
Our assessment of national importance does not focus on the importance of a field in general, but instead "focuses on the specific endeavor that the foreign national proposes to undertake."
K-S- and M-F- do not discuss the Petitioner's specific proposed endeavor or indicate how her work would extend beyond her employer's clients or the individual cases in which she testifies to impact her field more broadly.
P-V- and M-I- state the lack of qualified geneticists and forensic scientists has resulted in severe backlogs in the criminal justice system... but they do not discuss her specific proposed endeavor.
K-Q- does not indicate, however, that any of these skills are unique, innovative, or otherwise have national or even global implications in the Petitioner's field.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    do not discuss the Petitioner's specific proposed endeavor
    AAO decision text
  • media · discounted
    attest to the importance of DNA technology, but do not discuss the Petitioner's specific proposed endeavor
    AAO decision text
  • other · discounted
    The Petitioner cites no evidence to support this claim.
    AAO decision text
  • degree · credited

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • 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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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 cited the Justice for All Act and a shortage-of-forensic-scientists argument to support national importance, both rejected by AAO as unsupported/not tied to the specific endeavor.

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
  • Matter of L-A-C-

Cases in adjacent profiles