NIW Bearings
dismissedOCT292024_03B52032024-10-29 · 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 PhD student in linguistics proposed a two-part endeavor: to research and develop an AI-driven system of context-based, strategic indirect communication and persuasion applicable to advertising, forensic linguistics, and social media, and separately to obtain a professorship teaching linguistics and TESOL courses.

Field: linguistics · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not disturb, that the Petitioner qualified as a member of the professions holding an advanced degree.

Prong 1 — national importanceestablished

The Petitioner's endeavor to teach courses in linguistics and TESOL would not meet the standard for national importance set forth in Dhanasar.
we agree with the Director's determination that his endeavor to perfo1m research in the field of linguistics meets the standard set out in prong one of the Dhanasar framework

AAO decision text

Prong 2 — well positionednot established · dispositive

the publication evidence does not materially, relevantly, or probatively demonstrate that publication of two journal articles is a "record of success"
the letters fall short of this, as their descriptions of the impact of his work are not congruent to his stated research endeavor
the Petitioner has not established that the number of citations received by his published articles reflect a level of interest in his work from relevant parties sufficient to meet Dhanasar's second prong
assertions of a linguist shortage are neither relevant nor persuasive
the Petitioner, however, has not sufficiently demonstrated that his published work has served as an impetus for progress in the field

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the letters fall short of this, as their descriptions of the impact of his work are not congruent to his stated research endeavor
    AAO decision text
  • citations publications · discounted
    without additional context, the Petitioner has not established his publications... are "substantial" or influential in the field of linguistics
    AAO decision text
  • other · discounted
    assertions of a linguist shortage are neither relevant nor persuasive
    AAO decision text
  • degree · credited
  • resume experience · discounted
    he has not shown that this work renders him well positioned to advance his proposed research
    AAO decision text

Where this case turned

  • Citations insufficient · p2citation counts without qualitative account of impact
  • Letters conclusory · p2letters praise skills in general terms without tracing specific impact
  • No progress evidence · p2no documented movement toward the endeavor since filing
  • Occupational shortage argument rejected · p2argues a labor shortage — the labor-certification question, not Dhanasar
  • Record of success insufficient · p2a claimed track record the documents do not establish
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Notable

AAO bifurcated its analysis because the petitioner's endeavor had both a research and a teaching component; it agreed with the Director that the research endeavor met prong one but withdrew the Director's implicit approval of the teaching endeavor under prong one, finding teaching does not meet the national importance standard. The case nonetheless turned on prong two, so prong three was never reached.

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
  • INA 203(b)(2)
  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of L-A-C-

Cases in adjacent profiles