NIW Bearings
dismissedSEP272024_01B52032024-09-27 · 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 postdoctoral researcher sought to continue work in risk and crisis communication, including studying post-crisis learning and communication related to food security, aiming to help institutions and communities respond to public health crises and natural disasters.

Field: risk and crisis communication · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

However, they do not describe the endeavor itself or the Petitioner's future plans in detail that establish that its prospective potential impact would result in broader national implications.
But the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes to undertake."
Although the Petitioner contends that he will conduct future research, he did not describe with sufficient detail the goals or impacts of that research and how it would be nationally important.
The industry reports and articles similarly emphasize the importance of the field generally and not the Petitioner's research.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    they do not describe the endeavor itself or the Petitioner's future plans in detail that establish that its prospective potential impact would result in broader national implications
    AAO decision text
  • citations publications · discounted
  • funding · discounted
  • other · discounted
    The industry reports and articles similarly emphasize the importance of the field generally and not the Petitioner's research.
    AAO decision text
  • resume experience · ignored

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
1,581coded 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

AAO expressly declined to reach prongs 2 and 3, citing Bagamasbad and Matter of L-A-C- for declining to make advisory findings once prong 1 was dispositive. New evidence on appeal (additional funding documentation) was rejected under Matter of Katigbak as post-filing evidence.

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of Katigbak
  • Matter of L-A-C-

Cases in adjacent profiles