NIW Bearings
dismissedFEB192025_01B52032025-02-19 · 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 materials engineer, proposed to develop innovative mitigation strategies and technologies to minimize or control scale formation and optimize steel production for sustainable, high-quality steel.

Field: materials science / metallurgy (steel production) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified for EB-2 as an advanced degree professional based on his Master of Science degree; not disputed on appeal.

Prong 2 — well positionednot established · dispositive

the record does not establish that the Petitioner has a record of success in efforts related or similar to his proposed endeavor
None of his publications or citations addressed scale formation in steel production or otherwise referenced steel production.
The record also does not indicate that the Petitioner has made any progress towards achieving the proposed endeavor.
the Petitioner has not established the interest of potential customers, users, investors, or other relevant entities or individuals in his proposed endeavor
M-J-H- praises the Petitioner's work on BaTiQ3 ceramics and multiferroic materials, but does not discuss any research the Petitioner has conducted on steel production.

AAO decision text

How the evidence was treated

  • citations publications · discounted
    the record does not indicate the Petitioner's publications and citations have been in efforts related or similar to his proposed endeavor
    AAO decision text
  • recommendation letter · discounted
    does not discuss any research the Petitioner has conducted on his proposed endeavor
    AAO decision text
  • degree · credited
  • resume experience · credited

Where this case turned

  • Citations insufficient · p2citation counts without qualitative account of impact
  • Letters not independent · p2letters come from employers and close collaborators, not independent experts
  • 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

AAO expressly withdrew the Director's use of an 'influence'/'influential' standard as potentially inconsistent with Dhanasar, but still dismissed the appeal on prong 2 grounds; prong 1 was conceded as met by the Director and not revisited.

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-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Prong 1 was met, but every publication, citation, and letter concerned ceramics, nanomaterials, and titanium alloys rather than steel production; with no related record of success or progress, prong 2 failed.

Transferable lesson

Your record must match your endeavor: publications and citations in adjacent materials-science topics do not show success in the specific endeavor you propose, however strong they are on their own.

Endeavor framing

specific

National-importance theory

field_advancement · us_competitiveness

Evidence targeting

person_focused

Cases in adjacent profiles