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 climate scientist, proposed to research, develop, and evaluate global and regional climate models (including leveraging the WRF regional model) to inform urban planning, climate change mitigation, and adaptation efforts, with a later-added emphasis on impact within the United States.
Field: climate science / meteorology · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO withdrew the Director's finding that petitioner established advanced degree status because he failed to submit an official academic record (only a diploma and attendance letter), and he did not claim exceptional ability, so underlying EB-2 classification was not established.
Prong 1 — national importanceestablished
Prong 2 — well positionednot established · dispositive
“the Petitioner has not established that he has developed climate models in West Africa to establish a record of success in related or similar efforts”
“the letters do not provide examples or an explanation of how the Petitioner's research has facilitated the development of, or that he has developed, climate models that would have impact here in the United States”
“it does not sufficiently establish that his research has prepared him to advance his proposed endeavor”
“The record of his past and current research does not reflect that the Petitioner has already developed weather models”
“The Petitioner, however, did not explain how his planned research or "leveraging" of the WRF model relates to his proposed endeavor”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“the letters do not provide examples or an explanation of how the Petitioner's research has facilitated the development of ... climate models that would have impact here in the United States”
AAO decision text - citations publications · discounted
“it does not sufficiently establish that his research has prepared him to advance his proposed endeavor”
AAO decision text - resume experience · discounted
“the record does not demonstrate that the Petitioner actually developed climate models as part of his education, thesis work, research, or employment”
AAO decision text - degree · discounted
“The Petitioner has not submitted an official academic record demonstrating he has an advanced degree, as required under 8 CFR § 204.5(k)(3)(i)”
AAO decision text - other · discounted
“he did not provide evidence of reviewing publications relevant to his proposed endeavor”
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
- Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
- 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
AAO found petitioner's amended endeavor statement (adding 'resource allocation' language) constituted an impermissible material change under Matter of Izummi and limited its review to the original endeavor plus clarifying details. AAO also withdrew the Director's finding on advanced degree eligibility for lack of an official academic record, separately dooming the underlying EB-2 classification even though prong one of Dhanasar was satisfied.
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. 103.2(b)(12)
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
- Matter of Izummi
- Matter of Katigbak
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
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