NIW Bearings
dismissedMAY202021_02B52032021-05-20 · 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 senior research associate, proposed to continue biostatistical research into cancer detection and the prevention of a diabetes-related complication, building on prior studies of medical risk factors and treatments.

Field: medical/biostatistics research (cancer and cardiovascular studies) · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director and AAO agreed the Petitioner qualified as a member of the professions holding an advanced degree based on his MPH.

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

Merely asserting that he played a "vital role" in the study, without more, does not sufficiently outline the extent of his involvement
the Petitioner has not demonstrated that the number of citations received by his articles reflects a level of interest in his work from relevant parties sufficient to meet this prong
the Petitioner has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor
the evidence is insufficient to demonstrate that he is well positioned to advance his proposed research under Dhanasar's second prong

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    does not sufficiently outline the extent of his involvement in or contributions to this study
    AAO decision text
  • citations publications · discounted
    has not demonstrated that the number of citations received by his articles reflects a level of interest in his work from relevant parties sufficient to meet this prong
    AAO decision text
  • degree · discounted
    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
  • other · discounted
    has not documented the reputation of the journal or offered other evidence demonstrating that his peer review experience rises to the level of rendering him well positioned
    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
  • Letters conclusory · p2letters praise skills in general terms without tracing specific impact
  • 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

The AAO found prong 1 satisfied but dismissed the appeal solely on prong 2, treating that failure as dispositive and declining to reach prong 3. The Petitioner cited a non-precedent AAO decision (Matter of F-E-) as persuasive authority, which the AAO distinguished on its facts while noting non-precedent decisions do not bind future adjudications.

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(c)
  • INA 203(b)(2)
  • INA 291

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