The petitioner, a PhD graduate research assistant in construction engineering, proposed to develop dynamic 4D building information modeling and AI-based techniques to optimize construction workspace planning, detect time-space conflicts, and reduce hazards and improve safety, productivity, and efficiency on construction job sites.

Prong 1 — national importanceestablished

“We withdraw the Director's determination that the Petitioner did not establish the national importance of her proposed endeavor under Dhanasar's first prong.”

“As the Petitioner has demonstrated both the substantial merit and national importance of her proposed research, she has established that she meets the first prong of the Dhanasar framework.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“she has not demonstrated the extent to which her findings are being utilized in the construction industry.”

“Nor has she otherwise demonstrated that her findings constitute a record of success or progress rendering her well positioned to advance her proposed endeavor.”

“the Petitioner has not established that her co-authorship of this paper which had received nine citations at the time of filing the petition automatically demonstrates her record of research success”

“she did not offer evidence showing that she has received funding for her research proposals or future projects.”

“she has not shown that her academic accomplishments by themselves are sufficient to demonstrate that she is well positioned to advance her proposed endeavor.”

“she did not provide documentation from any such organization showing their communications or identifying the specific research projects she intends to pursue”

“she has not sufficiently demonstrated that her graduate work constitutes a record of success or progress in construction engineering research rendering her well positioned to advance her proposed endeavor.”

AAO decision text

Prong 3 — balance of factorsnot established · dispositive

“she has not demonstrated that her specific research contributions have affected these fields at a level sufficient to warrant foregoing the labor certification process.”

“the Petitioner has not demonstrated that her construction engineering and workspace planning contributions supersede the benefit from the labor certification.”

“The Petitioner has not shown that she offers contributions of such value that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements even assuming that other qualified U.S. workers are available.”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “she has not shown that her level of research success is sufficient to demonstrate she is well positioned.”

  AAO decision text
• citations publications · discounted

  “It does not, however, show the influence of any particular author or otherwise demonstrate how an individual's research represents a record of success in their field.”

  AAO decision text
• resume experience · discounted

  “she has not sufficiently demonstrated that her graduate work constitutes a record of success or progress in construction engineering research”

  AAO decision text
• degree · discounted

  “A degree in and of itself, however, is not the only factor we consider in determining if a person is well positioned to advance their proposed endeavor.”

  AAO decision text
• funding · discounted

  “she did not offer evidence showing that she has received funding for her 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
• 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
• Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground
• Urgency not established · p3 — no reason shown why the benefit cannot wait for labour certification
• U.S. worker availability · p3 — the impracticality of a labour-market test was asserted, not established

Notable

AAO explicitly withdrew the Director's negative finding on prong 1 (national importance) but found both prongs 2 and 3 independently unmet, stating each 'considered as an independent and alternate basis for the decision.' The decision also rejects reliance on post-filing citation data (Google Scholar July 2024, OpenAlex 2021-2024) as not probative of eligibility at time of filing under 8 C.F.R. 103.2(b)(1),(12).

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
• Flores v. Garland
• USCIS Policy Manual F.5(D)(2)

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