dismissedAUG072018_01B52032018-08-07 · appeal · 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, a pediatric ophthalmic surgeon and researcher, proposed to continue research on retinopathy of prematurity (ROP), including developing improved diagnostic and treatment techniques, digital applications, and layer segmentation software.
Field: ophthalmology (pediatric ophthalmic research, ROP) · Read the decision (uscis.gov)
Prong 1 — national importanceestablished
Prong 2 — well positionednot established · dispositive
“While complementary of the Petitioner's work, they do not offer sufficient detail regarding his claims that his techniques have been "implemented in healthcare systems"”
“The Petitioner does not, however, offer comparative statistics indicating how often other ophthalmologic researchers are cited”
“the record does not show that those methods have been utilized beyond this institute or that the extent of their usage is otherwise sufficient to demonstrate a record of success in his research”
“Nor is there supporting documentation showing whether the Petitioner has engaged in research activities since his arrival in the United States”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“do not offer sufficient detail regarding his claims that his techniques have been "implemented in healthcare systems"”
AAO decision text - citations publications · discounted
“does not offer comparative statistics indicating how often other ophthalmologic researchers are cited”
AAO decision text - patents · discounted
“the record does not adequately document implementation of this work at medical centers or ophthalmological clinics”
AAO decision text - certification membership · discounted
“has not provided the specific membership requirements for these associations, or offered other evidence”
AAO decision text - awards · discounted
“the record does not show that such nominations for those in the early stages of their careers represent a record of success”
AAO decision text
All 7 evidence items
- resume experience · credited
- business plan · discounted
“the record does not include evidence of the research positions to which the Petitioner has applied to illustrate the capacity in which he intends to work”
AAO decision text
Where this case turned
- Citations insufficient · p2 — citation counts without qualitative account of impact
- Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
- No progress evidence · p2 — no documented movement toward the endeavor since filing
- Record of success insufficient · p2 — a claimed track record the documents do not establish
- Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground
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Notable
Petitioner cited two non-precedent AAO decisions (including one under the vacated NYSDOT framework) to argue against reliance on citation counts; AAO rejected reliance on non-precedent decisions as non-binding and distinguishable.
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(c)
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