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 physician, initially proposed an endeavor as a medical scientist focusing on medical research, then attempted to substitute this with a proposed endeavor as a physician after the RFE.
Field: medicine / medical research · Read the decision (uscis.gov)
Prong 2 — well positionednot established · dispositive
“the Petitioner, a physician, did not establish that he has any experience in this area and, thus, did not demonstrate that he is well positioned to advance the proposed endeavor”
“Rather, it represents a major material change, from one occupation (medical researcher) to another (physician).”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“Resubmitting previously provided evidence or reasserting previously stated facts do not meet the requirements of a motion to reopen.”
AAO decision text
Where this case turned
- experience not progressive or unrelated · p2 — claimed equivalency experience is not progressive, or sits outside the field
- Record of success insufficient · p2 — a claimed track record the documents do not establish
Notable
The case turns on a material-change-in-endeavor issue: the Petitioner attempted to substitute a new proposed endeavor (physician) for the originally filed one (medical researcher) in response to an RFE, which the AAO treated as an impermissible material change under Matter of Izummi rather than a mere clarification. On motion, the Petitioner made only general, unsupported claims of legal error without addressing this dispositive issue.
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. 103.2(b)(1)
- 8 C.F.R. 103.5
- Matter of Izummi
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