dismissedFEB092023_02B52032023-02-09 · appeal · Nebraska Service Center
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, an electrical engineering PhD student, proposed research into novel MEMS switch contact materials, geometries, and actuators to develop more reliable microchip switches for next-generation wireless, IOT, aerospace, and defense applications.
Field: electrical engineering / MEMS technology · Read the decision (uscis.gov)
Prong 1 — national importanceestablished
“the Petitioner has sufficiently shown the substantial merit and national importance of his proposed endeavor”
AAO decision text
Prong 2 — well positionednot established · dispositive
“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, however, did not show how his current, temporary job and prospective, contingent position well situates himself to advance his proposed endeavor.”
“The letters do not further elaborate and sufficiently explain how the Petitioner's work has been utilized in the field”
“the authors reference the Petitioner's research as background material for their own findings, and these limited articles do not represent a level of his success in the field”
“the record does not show that the Petitioner was mainly responsible for obtaining funding for the research project”
“he has not sufficiently demonstrated that his published work has served as an impetus for progress in the field”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“The letters do not further elaborate and sufficiently explain how the Petitioner's work has been utilized in the field”
AAO decision text - citations publications · discounted
“The Petitioner has not established that the number of citations received by his published articles and conference papers reflect a level of interest”
AAO decision text - funding · discounted
“the record does not show that the Petitioner was mainly responsible for obtaining funding for the research project”
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 - resume experience · discounted
“did not show how his current, temporary job and prospective, contingent position well situates himself to advance his proposed endeavor”
AAO decision text
All 6 evidence items
- other · discounted
“did not explain the significance of his review experience or demonstrate that his participation in the widespread peer review process represents a record of success”
AAO decision text
Where this case turned
- 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
- 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
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Notable
The AAO specifically distinguished the petitioner's citation and funding evidence from that presented in Matter of Dhanasar itself, rebutting the petitioner's argument that his citation count 'dwarfed' the Dhanasar petitioner's.
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.
- Matter of L-A-C-
- Poursina v. USCIS
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