NIW Bearings
dismissedOCT082025_04B52032025-10-08 · 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 proposed to research the use of machine learning and deep learning techniques to improve early diagnosis and treatment of cancer, including automated image analysis of scans and integration with telemedicine platforms.

Field: information technology / machine learning applied to cancer diagnosis · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found, and AAO agreed, that the petitioner qualifies as an advanced degree professional based on his master's degree in information technology.

Prong 2 — well positionednot established · dispositive

“the Petitioner has not established that this publication record as a whole demonstrates a record of success "in related or similar efforts" to the proposed endeavor”
“most of the Petitioner's publications do not appear to relate to the proposed endeavor, and the record does not contain sufficient information to ascertain the Petitioner's role”
“it does not provide a model or plan for conducting and fonding this proposed research.”
“the record does not establish how this employment supports the Petitioner's ability to conduct, publish, and present research.”
“The Petitioner did not provide other evidence of having applied for or received fonding for his research.”
“The Petitioner has not established how, based on this background, he has the knowledge or skills necessary to publish and present research related to the early detection of cancer.”

AAO decision text

How the evidence was treated

  • citations publications · discounted
    “most of the Petitioner's publication history does not appear to relate to the proposed endeavor”
    AAO decision text
  • resume experience · discounted
    “The Petitioner has not established how, based on this background, he has the knowledge or skills necessary to publish and present research”
    AAO decision text
  • funding · discounted
    “The letter awarding the grant for this study does not discuss the Petitioner at all and is addressed to "whom it may concern."”
    AAO decision text
  • business plan · discounted
    “it does not provide a model or plan for conducting and fonding this proposed research.”
    AAO decision text
  • degree · credited

Where this case turned

  • Business plan speculative · p2 — projections without a documented basis or steps
  • Citations insufficient · p2 — citation counts without qualitative account of impact
  • experience not progressive or unrelated · p2 — claimed equivalency experience is not progressive, or sits outside the field
  • Funding absent · p2 — no documented funding or resources behind the plan
  • 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
1,358coded 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

The AAO expressly declined to reach prongs one and three, resting dismissal solely on the second Dhanasar prong even though SCOPS had already found prong one satisfied. The decision contains a recurring OCR artifact rendering 'funding' as 'fonding' throughout. A funding/grant letter cited as evidence of outside interest was discounted because it was addressed 'to whom it may concern' and did not mention the petitioner at all.

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
  • Flores v. Garland

Cases in adjacent profiles