dismissedAPR182025_01B52032025-04-18 · appeal
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 microbiologist with a doctoral-equivalent veterinary medicine degree, proposed to research genetic determinants of foodborne pathogens (Salmonella and Campylobacter) in cattle, including antimicrobial resistance patterns and detection methods, to identify novel drug targets.
Field: microbiology/veterinary medicine · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS and AAO agreed petitioner qualifies as an advanced degree professional based on his DVM-equivalent degree.
Prong 2 — well positionedestablished
Prong 3 — balance of factorsnot established · dispositive
“The Petitioner does not demonstrate that it would be impractical for him to secure a job offer or obtain a labor certification.”
“The Petitioner also does not articulate how the United States would benefit from his contributions even if other qualified U.S. workers are available.”
“he has not shown that the national interest in his contributions is sufficiently urgent to warrant forgoing the labor certification process.”
AAO decision text
How the evidence was treated
- recommendation letter · credited
- citations publications · credited
- degree · credited
Where this case turned
- Urgency not established · p3 — no reason shown why the benefit cannot wait for labour certification
- U.S. worker availability · p3 — the impracticality of a labour-market test was asserted, not established
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Notable
Unusual case where AAO reverses SCOPS on prong 2 (finding petitioner well-positioned) but still dismisses the appeal solely on prong 3, despite crediting the petitioner's STEM PhD as a 'strong positive factor' under USCIS Policy Manual F.5(D)(2).
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
- USCIS Policy Manual F.5(D)(2)
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