Grant, Awards, Patent

In general, a patent recognizes the originality of an inventions or idea but does not necessarily establish a contribution of major significance in the field unless corroborating evidence reflects importance implications of the patent in the field.  19 I&N Dec 766; see also Obaighena 19 I & N Dec. at 533. 

Publication / Presentation

Similar to patents, the publications in journals or presentation at conferences may signify the originality of an individual’s research and work; however, publication or presentation alone does not establish the significance of the findings in the field.  Without further supporting evidence, such as documentation reflecting an unusually high citation rate to the Beneficiary’s published material or presentations, the applicant does not show that his/her works has risen to a level of major significance.  AAO non-precedent decision In Re 19419543, August 25, 2022.

Citation Index
Second Prong under

Citation numbers are important factors in terms of NIW application.  However, it does not, by itself, establish the proposed endeavors has national importance.  AAO held in a non-precedent decision, January 03, 2022 that “The petitioner’s citation record in mathematics research relates to the second prong of the Dhanasar framework, which “shifts the focus from the proposed endeavor to the foreign national. In the matter of Dhanasar at 890.

Eligibility Issue and RFE

The applicant has a burden to prove that he/she is eligible to apply for National Interest Waiver.  In the case that USCIS is not satisfied with the burden of prove being not met by the applicant issues a Request for Evidence asking for additional evidence to the effect.  The purpose of an RFE is to elicit information that clarifies whether eligibility for the benefits sought has been stablished, as of the time the petition is filed, 8 C.F.R Section 193.2(b)(1), 103.2(b)(8), 103.2(b)(12), and Matter of Katigbak, 14 I&D Dec. 45,49 (Comm;r 1971).  [Thus] A petitioner may not make material changes to a petition in an effort to make a deficient petition conform to USCIS requirements. Matter of Izummi, 22 I&N Dec. 169, 176 (Assoc. Comm’r 1998).

Therefore it is important for an applicant to establish that all eligibility requirements for the immigration benefit have been satisfied from the time of filing and continuing through adjudication. See 8 C.F.R Section 103.2(b)(1).   The eligibility claims or evidence which were presented for the first time on appeal is not acceptable. Non-Precedent Decision of AAO, In Re: 19419543.  August 2022.