NIW Bearings
dismissedNOV042024_01B52032024-11-04 · 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 biomedical engineering researcher pursuing a doctorate, proposed to continue research using AI/machine-learning models to analyze neuroimaging data in order to better understand brain disorders such as Alzheimer's, ADHD, and depression and to develop diagnostic biomarkers and treatment tools.

Field: biomedical engineering · Read the decision (uscis.gov)

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

he has not demonstrated a record of success in similar efforts with respect to his research
the authors of these letters do not provide sufficient detail explaining the significance of the Petitioner's past research
The Petitioner has therefore not shown that his work constitutes a record of success beyond having been cited by others in their published works
the Petitioner's personal statements and evidence do not show that his current work relates to his proposed endeavor
he has not provided evidence that he himself previously received funding for his research or has secured funding to continue pursuing his specific proposed endeavor
it is not a sufficient basis to determine that he is well positioned to advance his proposed endeavor

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    do not provide sufficient detail explaining the significance of the Petitioner's past research
    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
  • degree · discounted
    it is not a sufficient basis to determine that he is well positioned to advance his proposed endeavor
    AAO decision text
  • business plan · discounted
    does not show that his current work relates to his proposed endeavor such that his current work demonstrates ... evidence of progress
    AAO decision text
  • funding · discounted
    did not provide copies of research grants showing him as a named grant recipient
    AAO decision text
All 6 evidence items
  • resume experience · discounted
    did not explain the significance of his review experience or demonstrate his participation in the widespread peer review process represents a record of success
    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
  • Letters conclusory · p2letters praise skills in general terms without tracing specific impact
  • 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 the Director's prong-one denial, finding national importance established, but dismissed the appeal solely on prong two; it expressly reserved prong three under Bagamasbad/L-A-C- reasoning.

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)(1)
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles