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 computer science researcher, proposed to develop AI-driven machine learning and NLP methods for healthcare applications, including drug discovery, scoliosis physiotherapy, public health among MSM populations, mental health monitoring via wearables, and privacy-preserving use of ChatGPT for medical data.
Field: computer science / AI, machine learning, NLP for healthcare · Read the decision (uscis.gov)
Prong 2 — well positionednot established · dispositive
“these letters do not detail how the Petitioner's research has had an impact in the field of computer science, assisted others in this field, or otherwise reflect a record of success or progress”
“Absent additional evidence sufficient to show that the Petitioner's publication and citation rates are high relative to others in his field, the Petitioner has not established... the claimed "exceptional" record of success”
“education is merely one factor among many that may contribute to such a finding”
“this evidence is not sufficient to show that this work renders him well-positioned to advance his proposed research”
“In considering the record in totality, we conclude that the Petitioner has not established that he is well-positioned to advance the proposed endeavor”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“these letters do not detail how the Petitioner's research has had an impact in the field of computer science”
AAO decision text - citations publications · discounted
“Absent additional evidence sufficient to show that the Petitioner's publication and citation rates are high relative to others in his field”
AAO decision text - degree · discounted
“education is merely one factor among many that may contribute to such a finding”
AAO decision text - resume experience · discounted
“this evidence is not sufficient to show that this work renders him well-positioned to advance his proposed research”
AAO decision text
Where this case turned
- Citations insufficient · p2 — citation counts without qualitative account of impact
- Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
- Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
- Record of success insufficient · p2 — a claimed track record the documents do not establish
Notable
AAO expressly declined to reach prongs 1 and 3, resolving the appeal solely on prong 2, yet the order recites that 'each' basis was considered 'an independent and alternate basis for the decision'—an internal inconsistency since only one prong was actually analyzed. The AAO also questioned whether an article published in a journal on sexual/gender minority health could be compared to computer-science citation benchmarks, finding the petitioner failed to show the fields were commensurable.
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
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