NIW Bearings
dismissedNOV192025_02B52032025-11-19 · 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 graduate research assistant and doctoral candidate, sought to enhance waste heat integration in district heating systems to boost building energy efficiency and reduce greenhouse gas emissions in the U.S., collaborating with software designers, energy modelers, and educators.

Field: mechanical engineering (waste heat integration / district heating energy systems) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed the Petitioner's master's degree in mechanical engineering satisfied the advanced-degree EB-2 classification requirement.

Prong 2 — well positionednot established · dispositive

“Although the Petitioner's advanced degree in a STEM field is an especially positive factor, it is not a sufficient basis to determine that she is well positioned to advance the proposed endeavor.”
“of the 17 total citations she had at the time of filing, 15 citations pertained to a paper she wrote in 2013 and also did not address the subject of the current endeavor”
“aside from vaguely referring to the Petitioner's "efforts in system design, scientific publications and project management," J-L- did not specify the Petitioner's contributions to the project.”
“the Petitioner has not demonstrated that being lead author of three research papers is indicative of her being well-positioned to advance her proposed research.”
“the record does not show that the Petitioner has engaged in the types of collaborations she indicates are integral to her endeavor.”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “it is unclear that her contributions render her well-positioned to advance her proposed endeavor”
    AAO decision text
  • citations publications · discounted
    “did not address the subject of the current endeavor”
    AAO decision text
  • degree · discounted
    “it is not a sufficient basis to determine that she is well positioned to advance the proposed endeavor”
    AAO decision text
  • resume experience · discounted
  • certification membership · discounted
    “the Petitioner has not established how her roles in "prestigious global engineering organizations" have led to... collaboration with industry leaders”
    AAO decision text

Where this case turned

  • Citations insufficient · p2 — citation counts without qualitative account of impact
  • Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
  • Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
  • No progress evidence · p2 — no documented movement toward the endeavor since filing
  • Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable

AAO expressly distinguished the Petitioner's credentials from Dr. Dhanasar's own (two graduate degrees and a Ph.D.) to underscore that her master's degree plus doctoral-candidate status did not carry the same weight; having found prong two dispositive, the AAO expressly reserved and declined to reach prongs one and three, citing INS v. Bagamasbad and Matter of L-A-C-.

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
  • 8 C.F.R. 103.5
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles