NIW Denial Overturned by AAO (Administrative Appeal Office)

We submitted an NIW petition to the Texas Service Center, which was denied following a Request for Evidence (RFE). However, we appealed the decision with the Administrative Appeals Office (AAO). AAO reopened the case and issued NIW approval.

NIW Petition

Our client is a researcher specializing in cyber security research. At the time of case filing, this client’s numerous professional accomplishments included 15 publications, 4 technical reports, and 69 citations. We further supported our client’s petition with evidence describing the nature of our client’s field of expertise and strong professional testimonials attesting to the importance of our client’s work. One expert, for example, affirmed: “As cyber and network attacks represent some of the most severe and prevalent forms of crime in the United States, halting [Client’s] research would be devastating to the cyber security industry and to the United States as a whole.”

Request for Evidence (RFE) and Denial by the USCIS  

Following case filing, the Officer in TSC (Texas Service Center) issued an RFE and we prepared a comprehensive response, but  the same officer issued a denial notice on the case. 

Upon review of the denial, we discovered that the denial decision hinged on five problematic claims: (1) an assertion that postdoctoral researchers cannot be “influential leaders in their field”; (2) a misinterpretation of the client’s citation record in relation to the NIW precedent decision; (3) a misinterpretation and simplification of our client’s field; (4) poor use of evidence to describe the utility of our client’s research, and (5) a denial that our client’s work would create jobs, fulfill an urgent national need, or render a labor certification impractical.

We concluded that not only had the officer clearly mischaracterized our client’s work, but they had also rendered a wholly superficial reading of the petition materials, thereby leading him to misapply the standards set by the NIW precedent decisions in their evaluation of the case. 

Appeal

Although we often suggest refiling as opposed to appeal, we firmly believed that our client had a strong case for their original denial to be overturned. We therefore prepared an appeal response that systematically disputed the claims outlined in the denial decision, thereby proving that if all the evidence were considered and interpreted properly, it would be clear that our client’s case meets the NIW requirements and should be approved. We strongly refuted the adjudicator’s mischaracterization of our client’s field and demonstrated his standing in comparison with the evidence required to a sustained appeal under the precedent Dhanasar decision.

Convinced by our arguments, the AAO found there was sufficient evidence to re-open the case and subsequently approve it. Due to our hard work and effective legal strategies, we were able to assist our client toward a successful NIW appeal and approval despite being faced with an officer who misrepresented much of our client’s experience and the nature of his field.

AAO Decision



See more AAO overturning our NIW denials issued by the USCIS

• NIW Case Approved Following the Appeal of a Denial Decision by a Difficult NSC Officer
• NIW Case Approved Following Two RFEs and an Appeal of a Denial Decision in NSC
• NIW Case Approved Following the Appeal of a Denial Decision in TSC
• NIW Case Approved Following the Appeal of a Denial Decision by a TSC Officer
• NIW Denial Overturned by AAO (Administrative Appeal Office)
• NIW Approval After AAO (Administrative Appeal Office) Overturned the Denial Decision
• NIW Case Approval by the AAO (Administrative Appeal Office) Following Appeal of Denial Decision Issued by NSC Officer
• NIW Denial Overturned after Appeal to AAO (Administrative-Appeal-Office)
• NIW Denial Overturned after Appealing to AAO (Administrative Appeal Office)