The Petitioner sought to conduct research on ocean energy conversion devices to implement vortex-induced vibration for energy generation from ocean and river currents.

Prong 2 — well positionednot established · dispositive

“the Petitioner did not demonstrate how his five publications and five conference presentations sufficiently positioned himself to advance his proposed endeavor.”

“did not demonstrate the Petitioner's past record of success, did not reflect the authoritative nature of his research and published work”

“the evidence in the record did not indicate that the Petitioner's research had received funding”

“the Petitioner did not establish how these temporary and contingent jobs well positions him to advance his proposed endeavor.”

“a degree in and of itself is not a basis to determine that a person is well positioned to advance the proposed endeavor.”

“the letters do not indicate or explain how the Petitioner's work has been implemented, utilized, or applauded at a level that would well position him”

“he has not sufficiently established that his published work has served as an impetus for progress in the field or that it has generated substantial positive discourse.”

AAO decision text

How the evidence was treated

• 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
• recommendation letter · discounted

  “the letters do not indicate or explain how the Petitioner's work has been implemented, utilized, or applauded at a level that would well position him”

  AAO decision text
• citations publications · discounted

  “did not demonstrate the Petitioner's past record of success, did not reflect the authoritative nature of his research and published work”

  AAO decision text
• funding · discounted

  “the evidence in the record did not indicate that the Petitioner's research had received funding”

  AAO decision text
• resume experience · discounted

  “the Petitioner did not establish how these temporary and contingent jobs well positions him to advance his proposed endeavor”

  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
• 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 expressly declined to consider new documentation submitted for the first time on appeal, citing Matter of Soriano and Matter of Obaigbena, and adopted/affirmed the Director's decision under the Burbano/Chen doctrine while adding its own comments.

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.

• Chen v. INS
• Matter of L-A-C-
• Poursina v. USCIS

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