The petitioner, a hematopathology fellow/clinician, proposed to work in the U.S. diagnosing blood diseases and conducting research to advance understanding and diagnosis of blood diseases and disorders, in addition to clinical and teaching duties.

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

“the evidence is insufficient to demonstrate that he is well positioned to advance that research under Dhanasar' s second prong”

“he has not demonstrated that this work has been influential among hematopathology researchers, has served as an impetus for progress or generated positive discourse in the field”

“He does not, however, offer comparative statistics demonstrating the significance of this level of citation within his field”

“These memberships and training certification, however, are insufficient to show a record of success in his research or a level of interest in his work from relevant parties”

“the Petitioner has not shown that his published and presented work has served as an impetus for progress in the hematopathology field”

AAO decision text

Prong 3 — balance of factorsnot established

“as the Petitioner has not established that he is well positioned to advance his proposed endeavor as required by the second prong of the Dhanasar framework, he is not eligible for a national interest waiver and further discussion of the balancing factors under the third prong would serve no meaningful purpose”

“We note that the U.S. Department of Labor addresses shortages of qualified workers through the labor ce1iification process. Accordingly, a shortage alone does not demonstrate that waiving the requirement of a labor ce11ification would benefit the United States.”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “did not indicate how the Petitioner's work at [] has affected the field of hematopathology or has otherwise rendered him well positioned to advance his proposed research”

  AAO decision text
• citations publications · discounted

  “He does not, however, offer comparative statistics demonstrating the significance of this level of citation within his field.”

  AAO decision text
• certification membership · discounted

  “These memberships and training certification, however, are insufficient to show a record of success in his research or a level of interest in his work from relevant parties”

  AAO decision text
• resume experience · discounted

  “he has not shown that this work renders him well positioned to advance his proposed hematopathology research”

  AAO decision text
• other · credited

Where this case turned

• certification membership · p2 — certifications or memberships offered as proof of standing
• Citations insufficient · p2 — citation counts without qualitative account of impact
• Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
• Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
• Record of success insufficient · p2 — a claimed track record the documents do not establish
• Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground
• U.S. worker availability · p3 — the impracticality of a labour-market test was asserted, not established

Notable

AAO agreed the endeavor met prong 1 (substantial merit and national importance) as to research, but explicitly excluded the petitioner's clinical and teaching work from national importance, citing Dhanasar's own teaching-activity holding. Dismissal turned entirely on prong 2; prong 3 discussion was truncated but included a footnote rejecting occupational shortage as a basis for waiver.

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.

• INA 203(b)(2)
• INA 291
• Poursina v. USCIS

Cases in adjacent profiles

• The Petitioner, a pharmacist, proposed to work in the United States through her own company providing pharmaceutical reg
• The Petitioner, a Brazilian-trained physiotherapist, proposed to work as a physical therapist and entrepreneur in the Un
• The Petitioner, a resident physician in New York holding a Chinese bachelor of medicine (MBBS) degree found equivalent t
• The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
• The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his