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 computer scientist with a Ph.D. in network technology, proposed to work as an assistant professor and researcher developing network security, routing optimization, and machine-learning-based security models.
Field: computer science / network security · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found, and AAO agreed, that the Petitioner qualifies as an advanced degree professional based on his foreign equivalent Ph.D. in computer science; not contested on appeal.
Prong 2 — well positionednot established · dispositive
“the Petitioner has not established that he is well positioned to advance the proposed endeavor, as required under the second prong”
“T-B- did not offer examples of how the Petitioner's research in network infrastructure and routing has been implemented, utilized, or applauded in the field”
“The fact that a publication bears a high journal ranking or impact factor is reflective of the publication's overall citation rate.”
“the Petitioner has not established that the number of citations received by his published articles and conference papers reflect a level of interest”
“Without sufficient evidence demonstrating the means or financial support to undertake his proposed computer science research in the United States”
“a degree in and of itself is not a basis to determine that a person is well positioned to advance the proposed endeavor”
“The Petitioner has not sufficiently demonstrated his published work has served as an impetus for progress in the field”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“did not offer examples of how the Petitioner's research... has been implemented, utilized, or applauded in the field”
AAO decision text - citations publications · discounted
“has not established that the number of citations received by his published articles... reflect a level of interest in his work from relevant parties”
AAO decision text - degree · discounted
“a degree in and of itself is not a basis to determine that a person is well positioned to advance the proposed endeavor”
AAO decision text - business plan · discounted
“did not provide documentation from any such organization identifying the specific projects he intends to pursue”
AAO decision text - funding · discounted
“did not offer evidence showing that he has received funding for his research proposals or future projects”
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
- Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
- 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
AAO extensively critiqued bibliometric evidence (Google Scholar, Clarivate/InCites, OpenAlex percentiles, and a Scientometrics methodology article), rejecting citation-based metrics as insufficient to show a 'record of success' absent evidence of self-citation exclusion or field acceptance of the methodology. AAO also rejected an abuse-of-discretion argument based on a district court case (Buletini v. INS), noting it is not bound by district court precedent and that agencies need not address every piece of evidence individually.
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
- Buletini v. INS
- Flores v. Garland
- USCIS Policy Manual F.5(D)(2)
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