Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition where the AAO has not designated any arbitrary number of independent citations as the cutoff point for waiver eligibility
Background:
The petitioner was about to begin a postdoctoral research position at the University of Texas at Austin (UTA). The petitioner asserts that an exemption from the requirement of a job offer, and thus of a labor certification, is in the national interest of the United States. The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree but that the petitioner had not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
USCIS Decision:
The director denied the petition on May 6, 2008, acknowledging the petitioner's "extensive experience within the field of biochemistry and molecular biology" and"unique understanding of ion protein channels," but concluding that "the record does not persuasively establish that the work being performed by the self-petitioner could not be accomplished by a U.S. worker possessing the same minimum qualifications."
AAO Decision:
As each decision is considered according to its own merits, the AAO has not designated any arbitrary number of independent citations as the cutoff point for waiver eligibility. A minimally-cited researcher may establish eligibility through other means. Conversely, it is conceivable that heavy citation may not suffice to compensate for other adverse or disqualifying factors. It has never been settled AAO policy to sustain the appeal of every researcher with at least sixteen independent citations to his or her credit.