NIW Bearings
dismissedMAY192026_01B52032026-05-19 · 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 PhD in learning design and technology, proposed to hold an academic principal-investigator position developing a theoretical model of adaptive scaffolding to improve online and technology-integrated learning, later reframed to include STEM/semiconductor workforce training.

Field: educational technology / learning design · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established

the record did not establish that any educational entity has adopted the results of any of the petitioner's research
Any success from the petitioner's endeavor would be limited to her employer and its clients or students.
The broad and changing nature of the proposed endeavor does not permit us to conclude that the Petitioner has established the national importance of that endeavor.
These statistics show the implications of low health literacy, but they do not show the extent to which the Petitioner's work will alleviate the issue.

AAO decision text

Prong 2 — well positionednot established · dispositive

The record does not show that the Petitioner had produced any published work between her return to Purdue in 2022 and the petition's filing date.
The capacity in which the Petitioner would perform that research is unclear, as is her progress toward achieving the proposed endeavor.
we conclude that the Petitioner has not met her burden of proof to establish, by a preponderance of the evidence, that she is well positioned to advance the proposed endeavor.
The Petitioner has not shown prospects of long-term employment at such a university.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    Statements such as those in the quoted letter emphasized the potential impact of the Petitioner's work, rather than documented effects
    AAO decision text
  • citations publications · discounted
    the Google Scholar printout showing that information also indicates that the Petitioner had not published since 2021
    AAO decision text
  • media · discounted
    These materials are press releases issued by [University] which do not serve as evidence that the projects attracted attention outside that university.
    AAO decision text
  • funding · discounted
    The Petitioner notes government fonding of her research, but did not show that she played any role in securing that fonding
    AAO decision text
  • other · discounted
    these materials do not directly address the existing or potential impact of educational technology
    AAO decision text
All 6 evidence items
  • resume experience · discounted
    the Petitioner's response to the RFE included an updated copy of her curriculum vitae, which likewise does not show any articles published after 2021
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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
  • Local, not national scope · p1impact confined to clients / a region
  • Business plan speculative · p2projections without a documented basis or steps
  • 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
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Notable

AAO emphasized that changes to the proposed endeavor made after the priority date (the shift to semiconductor-workforce training beginning in an August 2025 postdoctoral position) cannot retroactively establish eligibility, citing Matter of Katigbak; AAO disagreed with SCOPS' unelaborated finding that Petitioner was well positioned, reversing that determination.

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. 103.5
  • Flores v. Garland
  • Matter of Katigbak

What this case teaches

Analyst reading of the decision text.

Decisive factor

The endeavor was broad and changing (post-filing pivot barred by Katigbak), documented impact stayed within one university, and on de novo review AAO also withdrew the favorable prong-2 finding: no publications since 2021, no funding role, a temporary postdoc.

Transferable lesson

Keep the endeavor stable from filing onward; a post-filing pivot cannot rescue prong 1, problem-size statistics are not evidence of your effect, and a publication gap undermines prong 2.

Endeavor framing

vague

National-importance theory

public_health · field_advancement · economic_growth_generic

Evidence targeting

mixed

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