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 · p1 — described as a job role, not a defined undertaking
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Local, not national scope · p1 — impact confined to clients / a region
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)
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