The Petitioner, a post-doctoral researcher, proposed to continue research applying computer-aided drug discovery techniques based on intrinsic disorder protein (IDP) properties to identify anti-cancer drug leads, both through a post-doctoral research position and through his own company.

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

“However, this evidence does not show that his past experience as a researcher renders him well positioned to advance his proposed endeavor of starting, leading and growing a drug development company.”

“the record does not demonstrate sufficient interest in the Petitioner's company or its products from investors, customers or others in the pharmaceutical industry to support a finding that he is well positioned to advance his business endeavor.”

“there is no evidence that the Petitioner attended this event or received funding for his company.”

“However, while all of these letters are complimentary of the Petitioner's previous work, and predict that his future work will add further knowledge to his field, they do not establish that his prior work constitutes a record of success in this area of research.”

“The Petitioner has not shown that his research has been frequently cited by independent researchers or otherwise served as an impetus for progress in the field”

“the record does not establish that they have led to the further commercial development of cancer fighting drugs based on the "curve ball" strategy.”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “these letters are complimentary of the Petitioner's previous work, and predict that his future work will add further knowledge to his field, they do not establish that his prior work constitutes a record of success”

  AAO decision text
• business plan · discounted

  “the Petitioner has not sufficiently documented his claims to the size of the computer aided drug discovery market, or his specific company's potential positive economic benefits”

  AAO decision text
• patents · discounted

  “the record does not establish that they have led to the further commercial development of cancer fighting drugs”

  AAO decision text
• citations publications · discounted

  “The Petitioner has not shown that his research has been frequently cited by independent researchers or otherwise served as an impetus for progress in the field”

  AAO decision text
• funding · discounted

  “there is no evidence that the Petitioner attended this event or received funding for his company”

  AAO decision text

Where this case turned

• Citations insufficient · p2 — citation counts without qualitative account of impact
• Funding absent · p2 — no documented funding or resources behind the plan
• 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

Notable

The Petitioner cited a 2002 non-precedent AAO decision involving a liquid-crystals researcher with 16 independent citations to argue his own citation count sufficed; AAO rejected this as a pre-Dhanasar, non-binding, factually distinguishable case. AAO found prong 1 met but prong 2 dispositively failed, declining to reach prong 3.

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)
• INA 203(b)(2)

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