dismissedAPR252024_01B52032024-04-25 · motion_reopen · Texas Service Center
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 sought to continue working as a scientific researcher in the field of geology, including supporting the training of new researchers and geoscientists.
Field: geology/geoscience · Read the decision (uscis.gov)
Prong 2 — well positionednot established · dispositive
“Although the authors praise the Petitioner's professionalism, they fail to discuss the Petitioner's proposed endeavor and whether she is well positioned to advance her endeavor.”
“the Petitioner reiterates her professional experience and why she believes she is a recognized and an excellent geologist”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“they fail to discuss the Petitioner's proposed endeavor and whether she is well positioned to advance her endeavor”
AAO decision text - motion resubmission · discounted
“Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”
AAO decision text - resume experience · discounted
“the Petitioner reiterates her professional experience and why she believes she is a recognized and an excellent geologist”
AAO decision text
Where this case turned
- Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
- Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
- Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable
AAO noted that one recommendation letter's inconsistent use of gender pronouns when referring to the Petitioner called into question the care with which the letter was prepared.
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. 103.5
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