NIW Bearings
dismissedMAY092025_07B52032025-05-09 · appeal

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 psychiatrist, proposed to conduct research on reducing the social stigma of substance use and alcohol use disorders, using various research methods and developing educational programs to address stigma.

Field: psychiatry / substance use disorder and social stigma research · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed the Petitioner qualifies as an advanced degree professional based on her doctoral degree in medicine.

Prong 1 — national importancenot established · dispositive

the nature of the Petitioner's proposed endeavor is unclear
she did not explain whether she would do this by partnering with, being employed by, or consulting with existing institutions
The Petitioner has also not provided sufficient details about her intended projects, such as an operational plan, a timeline, or quantifiable business metrics
Merely working in an important field is insufficient to establish the national importance of a proposed endeavor without evidence documenting the "potential prospective impact"
she has largely submitted articles and reports about U.S. interest and efforts to address the same topics her endeavor seeks to address, which do not discuss the Petitioner or her particular endeavor
These letters do not offer specific detail about how the Petitioner's endeavor would be achieved

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    These letters do not offer specific detail about how the Petitioner's endeavor would be achieved.
    AAO decision text
  • media · discounted
    she has largely submitted articles and reports about U.S. interest and efforts to address the same topics her endeavor seeks to address, which do not discuss the Petitioner or her particular endeavor
    AAO decision text
  • resume experience · discounted
    these are more relevant to an analysis of whether she is well-positioned to advance her proposed endeavor under Dhanasar's second prong
    AAO decision text
  • degree · credited
  • citations publications · ignored

Where this case turned

  • 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 not independent · p1letters come from employers and close collaborators, not independent experts
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Notable

AAO explicitly agreed with the Petitioner that Dhanasar does not require a showing of economic impact for research endeavors, correcting the Director's denial rationale on that point, but still found national importance unestablished due to vagueness of the endeavor itself and reliance on field-level importance rather than endeavor-specific evidence.

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
  • 8 C.F.R. 204.5(k)(2)
  • INA 203(b)(2)
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles