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, CEO of a wellness-related organization, proposed to practice behavioral neurology/neuropsychiatry and integrative medicine, conduct cancer and biomedical device research, and eventually build a medical facility offering integrative training.
Field: integrative medicine / behavioral neurology and neuropsychiatry · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to provide an academic credentials evaluation establishing that her South African degrees were foreign equivalents to a U.S. master's or doctorate, and had not completed the claimed U.S. degree program; also the foreign institution appeared unaccredited.
Prong 1 — national importanceestablished
“As the Petitioner has documented both the substantial merit and national importance of her proposed research, she meets the first prong of the Dhanasar framework.”
AAO decision text
Prong 2 — well positionednot established · dispositive
“the Petitioner has not demonstrated a record of success or progress in her field, or a degree of interest in her work from relevant parties, rising to the level of rendering her well positioned to advance her proposed research.”
“the authors do not sufficiently explain how her work has been influential among integrative medicine practitioners, has served as an impetus for progress or generated positive discourse in the field”
“she has not provided a business plan or other detailed model for the establishment, evidence or information demonstrating a history of success in any similar entrepreneurial endeavors”
“she does not sufficiently clarify how her role as CEO relates to her research.”
“she has not provided sufficient information and documentation about the size, locality, and staffing of this establishment, or about the population she proposes to serve, to show its prospective impact.”
AAO decision text
How the evidence was treated
- degree · discounted
“does not contain an academic credentials evaluation to establish her foreign degrees' equivalency to a U.S. degree”
AAO decision text - recommendation letter · discounted
“does not sufficiently explain how her work has been influential among integrative medicine practitioners”
AAO decision text - resume experience · discounted
“does not, however, include evidence that this work constitutes a record of success”
AAO decision text - certification membership · ignored
- business plan · discounted
“she has not provided a business plan or other detailed model for the establishment”
AAO decision text
All 7 evidence items
- media · discounted
“she does not provide sufficient supporting documentation to demonstrate the significance of this conference or her claimed invitation as keynote speaker”
AAO decision text - other · credited
Where this case turned
- Business plan speculative · p2 — projections without a documented basis or steps
- Endeavor too vague · p2 — described as a job role, not a defined undertaking
- 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
- Local, not national scope · p2 — impact confined to clients / a region
- 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
Notable
The AAO addressed a claim of ineffective assistance of prior counsel under Matter of Lozada, finding the Petitioner had not met the required evidentiary showing (no copy of complaint submitted), but noted its de novo review considered the full record regardless. The AAO also noted the foreign institution's degree program was 'Not Accredited by an Accrediting Agency Recognized by the United States Secretary of Education,' citing an independently visited website as part of the record.
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)(8)
- 8 C.F.R. 204.5(k)(2)
- INA 203(b)(2)
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