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 post-doctoral research at a U.S. university on emotion detection and recognition in human-robot interactions, developing algorithms and cognitive models for emotion-aware interfaces.
Field: human-robot interaction / computer science / artificial intelligence · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found and AAO agreed Petitioner qualifies as advanced degree professional based on foreign equivalent doctorate.
Prong 1 — national importanceestablished
“We agree with the Director that the Petitioner's proposed endeavor has substantial merit and is of national importance.”
AAO decision text
Prong 2 — well positionednot established · dispositive
“Our review of the Petitioner's citation history in Google Scholar indicates that most of his citations are self-citations or citations by his co-authors.”
“the Petitioner did not submit evidence that his citation record is comparatively high in his field or that his work and proposed endeavor have otherwise garnered the interest of other researchers in his field”
“they do not sufficiently detail how the Petitioner's specific research work has influenced their field of human-robot interaction interface”
“the Petitioner did not offer evidence showing that he has received funding or other support for his research proposals or future projects”
“he has not provided evidence relevant to show the feasibility of his plan”
“Here, the limited evidence of interest is insufficient to meet the Petitioner's burden.”
AAO decision text
How the evidence was treated
- citations publications · discounted
“most of his citations are self-citations or citations by his co-authors”
AAO decision text - recommendation letter · discounted
“they do not sufficiently detail how the Petitioner's specific research work has influenced their field”
AAO decision text - resume experience · credited
- degree · credited
- business plan · discounted
“he has not provided evidence relevant to show the feasibility of his plan”
AAO decision text
All 6 evidence items
- funding · discounted
“the Petitioner did not offer evidence showing that he has received funding or other support”
AAO decision text
Where this case turned
- Business plan speculative · p2 — projections without a documented basis or steps
- 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
- Record of success insufficient · p2 — a claimed track record the documents do not establish
Notable
AAO explicitly compared Petitioner's citation count (38) to Dr. Dhanasar's (23) but found most were self-citations/co-author citations, distinguishing quantity from independence; also found teaching activities not nationally important, limiting analysis to research endeavor only. Third prong expressly reserved as unnecessary given dispositive second-prong failure.
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
- Flores v. Garland
- Matter of L-A-C-
- USCIS Policy Manual F.5(D)(1)
- USCIS Policy Manual F.5(D)(2)
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