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 nuclear medicine technologist and medical physicist, intended to join a diagnostic medical physics residency program and then work as a self-employed diagnostic medical physics consultant.
Field: nuclear medicine technology / medical physics · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found the Petitioner established she was an advanced degree professional; this was not disputed on appeal.
Prong 1 — national importanceestablished
Prong 2 — well positionednot established · dispositive
“The Director reviewed and analyzed the Petitioner's claims under the three prongs of Dhanasar and determined that she only established the substantial merit of her proposed endeavor.”
AAO decision text
How the evidence was treated
- other · discounted
“she does not provide any new evidence or arguments which overcome the Director's determination”
AAO decision text
Where this case turned
- Derivative of Prong 1/2 failure · p2 — prong three fails only because prongs one or two did — no independent ground
Notable
This is a very brief adopt-and-affirm decision under Matter of Burbano; the AAO does not independently analyze the prongs but affirms the Director's finding that only prong 1 (substantial merit) was met, with prong 2 (well-positioned) failing dispositively. The AAO does not clearly specify which prong 2 failure code applies beyond noting the Petitioner's brief merely reiterated qualifications and impracticality of labor certification without new evidence.
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
- INA 203(b)(2)
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