NIW Bearings
dismissedOCT232024_03B52032024-10-23 · 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 doctoral student and graduate research assistant in industrial engineering, proposed to research and develop advanced models for predicting and mitigating disruptions to transportation networks and supply chains caused by natural disasters, in order to improve supply chain resilience.

Field: industrial engineering / supply chain transportation resilience · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found, and the AAO did not disturb, that the Petitioner established eligibility as an advanced degree professional.

Prong 1 — national importanceestablished

The Petitioner has sufficiently demonstrated by a preponderance of the evidence the national importance of his proposed endeavor.

AAO decision text

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, or how it has affected the field or industry
The Petitioner has therefore not shown that his work and research establish a record or success beyond having been referenced in published works.
the Petitioner has not provided evidence that he himself previously received funding for his research or has secured funding to continue pursuing his specific proposed endeavor

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the authors of these letters do not provide sufficient detail explaining the significance of the Petitioner's past research
    AAO decision text
  • citations publications · discounted
    citation frequency ... does not reveal the reasons for the citations, which involve a qualitative analysis
    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
  • funding · discounted
    the Petitioner has not provided evidence that he himself previously received funding for his research or has secured funding
    AAO decision text
  • other · discounted
    neither the offer letter nor the Petitioner's personal statements explain how the Petitioner's expected duties relate to his proposed endeavor
    AAO decision text

Where this case turned

  • Citations insufficient · p2citation counts without qualitative account of impact
  • Funding absent · p2no documented funding or resources behind the plan
  • Letters conclusory · p2letters praise skills in general terms without tracing specific impact
  • Record of success insufficient · p2a claimed track record the documents do not establish
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Notable

AAO withdrew the Director's adverse national-importance finding under prong 1, expanding beyond the job-creation/economic-effects factors the Director had relied on, but still dismissed the appeal solely on prong 2 grounds, reserving prong 3 entirely.

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