NIW Bearings
dismissedMAY162023_04B52032023-05-16 · 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 doctoral student and research assistant proposed to continue using big-data analysis of public datasets to replicate and validate lab-based organizational behavior research, covering topics such as gender in online editing, cannabis use and productivity, immigrant work behaviors, and healthcare management guidelines.

Field: organizational behavior / business research · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO agreed, that Petitioner's master's degree in business research satisfied the underlying EB-2 advanced-degree classification.

Prong 1 — national importanceestablished

This evidence establishes the substantial merit of the Petitioner's proposed endeavor.
he has shown that his proposed endeavor has the potential to impact the field of organizational behavior and will be widely available

AAO decision text

Prong 2 — well positionednot established · dispositive

the Petitioner has not demonstrated that this level of education puts him into a strong position to advance his proposed endeavor.
does not show a record of success relating to his proposed endeavor.
This evidence thus does not show that the Petitioner's publication and citation history reflect a record of success in his field, or that relevant individuals ... have shown interest in his proposed endeavor.
the relatively low number of citations across the board renders a comparison by percentile rankings almost meaningless.

AAO decision text

How the evidence was treated

  • citations publications · discounted
    the relatively low number of citations across the board renders a comparison by percentile rankings almost meaningless
    AAO decision text
  • recommendation letter · discounted
    the reference letters did not establish his "substantial influence in the field"
    AAO decision text
  • degree · discounted
    the Petitioner has not demonstrated that this level of education puts him into a strong position to advance his proposed endeavor.
    AAO decision text
  • funding · discounted

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
  • Record of success insufficient · p2a claimed track record the documents do not establish
249coded 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

AAO reversed the Director's prong 1 findings (substantial merit and national importance both established), a relatively unusual outcome, but still dismissed the appeal on prong 2, criticizing the Petitioner's use of journal-ranking and citation-percentile evidence as methodologically misleading given the small, recent publication set.

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)
  • Poursina v. USCIS

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