NIW Bearings
dismissedSEP302024_20B52032024-09-30 · 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 proposed to develop optimized operational techniques for integrated power systems to create more sustainable and efficient energy solutions, pursuing this while completing a PhD and postdoctoral research position.

Field: electrical/power engineering · Read the decision (uscis.gov)

Prong 1 — national importanceestablished

The Director determined that the Petitioner's proposed endeavor has both substantial merit and national importance and we agree.

AAO decision text

Prong 2 — well positionednot established · dispositive

A degree in and of itself is not a basis to determine that a person is well positioned to advance the proposed endeavor.
we may not assume that every article published in a high-ranking journal is indicative of a record of success
citation frequency which is quantitative in nature does not reveal the reasons for the citations, which involve a qualitative analysis
the Petitioner did not establish how this temporary job well positions him to advance his proposed endeavor
the record does not show that the Petitioner, as opposed to the University for example, has received funding for his research proposals or future projects

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the Petitioner did not demonstrate that his citatory evidence reflects a record of success in the field
    AAO decision text
  • citations publications · discounted
    citation frequency which is quantitative in nature does not reveal the reasons for the citations
    AAO decision text
  • degree · discounted
    A degree in and of itself is not a basis to determine that a person is well positioned to advance the proposed endeavor
    AAO decision text
  • funding · discounted
    the record does not show that the Petitioner...has received funding for his research proposals or future projects
    AAO decision text
  • resume experience · discounted
    the Petitioner did not establish how this temporary job well positions him to advance his proposed endeavor
    AAO decision text

Where this case turned

  • Citations insufficient · p2citation counts without qualitative account of impact
  • Education alone insufficient · p2degrees offered as positioning — credentials are not a track record
  • Funding absent · p2no documented funding or resources behind the plan
  • No progress evidence · p2no documented movement toward the endeavor since filing
  • Record of success insufficient · p2a claimed track record the documents do not establish
249coded 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

Petitioner argued the Director applied an extraordinary-ability-like heightened standard under prong 2 and that the RFE-copied analysis showed failure to consider the totality of evidence (citing Buletini v. INS); AAO rejected both arguments, holding the Director's language mapped to Dhanasar's second-prong factors and that USCIS need not address every piece of evidence. AAO declined to reach prong 3 given prong 2 failure.

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
  • 8 C.F.R. 204.5(k)(2)
  • Buletini v. INS
  • Flores v. Garland
  • Matter of E-M-
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles