NIW Bearings
dismissedJUL092026_01B52032026-07-09 · appeal

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 political science researcher and former South Korean government advisor, proposed to advance U.S. Indo-Pacific strategy through policy research and analysis at major U.S. think tanks such as CSIS, Brookings, and the Wilson Center.

Field: international relations / Indo-Pacific political economy and security policy research · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found, and the record supported, that the Petitioner qualifies as an advanced degree professional; this was not contested on appeal.

Prong 1 — national importancenot established · dispositive

the endeavor is not defined to a degree at which its national importance can be fully evaluated.
an intention to work in an important field, or an endeavor's alignment with government initiatives, cannot alone demonstrate an endeavor's national importance.
These opinions, however, do not identify a specific endeavor, such as a specific area of research within his field that the Petitioner intends to undertake to influence a particular area of U.S. policy.
The record does not establish the national importance of the proposed endeavor as required by the first prong of Matter ofDhanasar.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    they do not discuss a particular endeavor that the Petitioner will pursue within the larger sphere of international relations
    AAO decision text
  • citations publications · discounted
    they do not support a defined endeavor that the Petitioner will pursue.
    AAO decision text

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
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Notable

The AAO includes a footnote citing Flores v. Garland and other circuit precedent affirming that NIW denials are discretionary, notwithstanding that the decision rests on a non-discretionary eligibility failure (national importance).

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 L-A-C-

Cases in adjacent profiles