NIW Bearings
dismissedNOV142024_06B52032024-11-14 · 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.

A doctoral student in electrical engineering proposed to continue his research on integrating renewable energy sources into the U.S. power grid and improving grid resilience, first while completing his PhD and then as a postdoctoral researcher at the same university.

Field: electrical engineering / power grid research · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified for EB-2 as advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the field, industry, or profession in which the individual will work
Simply conducting research or being employed in an occupation does not constitute an endeavor for the purposes of these proceedings.
the record does not demonstrate the improvements or advancements they assert come from their research endeavor have national or global impact or broader implications.
he does not sufficiently explain or demonstrate how his future work at the school stands to affect the U.S. power grid.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the record does not demonstrate the improvements or advancements they assert come from their research endeavor have national or global impact
    AAO decision text
  • resume experience · discounted
  • citations publications · discounted
  • funding · discounted

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
  • Local, not national scope · p1impact confined to clients / a region
1,581coded 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 included a footnote advising that in any future NIW adjudication where the Petitioner claims he will continue his endeavor at the same university without a formal offer of employment, he must show he can continue the research without employment or funding — an unusual forward-looking guidance for a future filing.

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. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles