NIW Bearings
remandedSEP202024_06B52032024-09-20 · 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, an associate professor holding a Ph.D. in computer science, proposed to work as an assistant teaching professor in computing/information science in the U.S. and conduct research applying complex network analysis to topics such as COVID-19 diffusion, dengue epidemic spread, software development team composition, and detection of covert/terrorist networks.

Field: complex networks / computer science · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director already found Petitioner qualified as an advanced-degree professional; not disputed on appeal.

Prong 1 — national importanceestablished

Prong 2 — well positionedestablished

Prong 3 — balance of factorsestablished

How the evidence was treated

  • recommendation letter · credited
  • citations publications · credited
  • degree · credited
    a degree in and of itself is not a basis to determine that a person is well positioned to advance a proposed endeavor
    AAO decision text

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

Unusual remand posture: rather than affirming or reversing on the merits, the AAO found the Director failed to adequately analyze the evidence under all three Dhanasar prongs (mischaracterizing the endeavor, overlooking citation evidence and degree, and failing to address third-prong balancing factors) and remanded for a proper individualized analysis, expressly declining to opine on the ultimate outcome.

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

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director failed to properly identify the specific endeavor, analyze full evidentiary record under all three Dhanasar prongs, and explain the reasoning, requiring remand for individualized reconsideration.

Transferable lesson

Ensure adjudicators (and petitioners) frame the endeavor specifically and address all Dhanasar factors individually, not just economic impact or occupational title generalities.

Endeavor framing

moderate

National-importance theory

field_advancement · public_health

Evidence targeting

mixed

Cases in adjacent profiles