NIW Bearings
dismissedMAY202025_01B52032025-05-20 · 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 software engineer with a Ph.D. in molecular engineering and data science, proposed to continue research on molecular design for high-efficiency, low-cost water treatment membranes and clean energy storage technologies.

Field: molecular engineering / materials science · Read the decision (uscis.gov)

Prong 1 — national importanceestablished

We withdraw SCOPS' determination that the Petitioner did not establish the national importance of his proposed endeavor under Dhanasar 's first prong.
As the Petitioner has demonstrated both the substantial merit and national importance of his proposed research, he has established that he meets the first prong of the Dhanasar framework.

AAO decision text

Prong 2 — well positionednot established · dispositive

However, a degree, in and of itself: is not a basis to determine that a person is well positioned to advance the proposed endeavor.
the Petitioner did not sufficiently explain the number of self-citations or those made by co-authors, which limits the ability to assess the objectivity and the breadth of the impact.
this evidence alone is insufficient to demonstrate a level of interest or a record ofresearch success that renders him well positioned.
the Petitioner has not provided evidence of progress toward achieving the specific goals of his proposed endeavor, nor has he shown that there is established interest in his future research.
the Petitioner has not shown that he was the primary award recipient or principal investigator.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    this evidence alone is insufficient to demonstrate a level of interest or a record of research success that renders him well positioned
    AAO decision text
  • citations publications · discounted
    citation frequency, which may include self-citations, is quantitative in nature and does not reveal the reasons for the citations
    AAO decision text
  • funding · discounted
    the Petitioner has not shown that he was the primary award recipient or principal investigator
    AAO decision text
  • degree · discounted
    a degree, in and of itself, is not a basis to determine that a person is well positioned to advance the proposed endeavor
    AAO decision text
  • resume experience · discounted
    the Petitioner has not sufficiently explained how he has been actively conducting research and advancing his proposed endeavor as a software engineer
    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
  • Funding absent · p2no documented funding or resources behind the plan
  • No progress evidence · p2no documented movement toward the endeavor since filing
  • Record of success insufficient · p2a claimed track record the documents do not establish
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Notable

AAO withdrew SCOPS' prong-1 denial (finding national importance established) but dismissed on prong 2, then reserved prong 3, citing Bagamasbad and Matter of L-A-C- for declining to reach unnecessary issues.

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.

  • Flores v. Garland
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles