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 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.
Field: computer-aided drug discovery / bioinformatics · Read the decision (uscis.gov)
EB-2 threshold — addressed
Record demonstrates the Petitioner qualifies as a member of the professions holding an advanced degree; not disputed by Director.
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
All 7 evidence items
- resume experience · discounted
“this evidence does not show that his past experience as a researcher renders him well positioned to advance his proposed endeavor”
AAO decision text - other · discounted
“this decision was not published as a precedent and therefore does not bind USCIS officers in future adjudications”
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)
Cases in adjacent profiles
- The Petitioner, a senior principal biostatistician, proposes to develop innovative statistical and machine-learning meth
- The Petitioner proposed to use advanced deep learning and machine learning models to create efficient, safe, and well-pe
- The Petitioner proposes to advance machine learning methods for the design and optimization of advanced metamaterials an
- The Petitioner, a postdoctoral chemist, proposed to continue developing high-performance materials and novel synthetic m
- The Petitioner proposes to design novel sensor data processing methods and machine learning algorithms for smart wearabl