dismissedJAN152025_01B52032025-01-15 · 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 engineer and doctoral candidate, proposed postdoctoral research on integrating distributed energy sources into electric grids, including studying the impact of bitcoin mining on the Texas grid and the socio-economic/environmental effects of data center expansion in Virginia.
Field: electrical engineering (power systems/energy grids) · Read the decision (uscis.gov)
Prong 1 — national importanceestablished
“the Petitioner has sufficiently shown the substantial merit and national importance of her proposed endeavor, consistent with Dhanasar's first prong.”
AAO decision text
Prong 2 — well positionednot established · dispositive
“the Petitioner has not adequately demonstrated that her academic accomplishments are sufficient in and of themselves to demonstrate she is well positioned to advance her proposed endeavor.”
“It does not, however, show the influence of any particular author or otherwise sufficiently demonstrate how an individual's research represents a record of success in their field.”
“the record does not show that the Petitioner, as opposed to the University or her advisor for example, has received fonding for her research proposals or future projects.”
“the letters do not further elaborate on or sufficiently explain how the Petitioner's work has been utilized in the field or otherwise constitutes a record of success”
“the Petitioner has not sufficiently demonstrated that her published and presented work has served as an impetus for progress in the field”
“the record does not evidence the Petitioner has received any funding for her research or that her specific proposed endeavor has otherwise garnered the interest of potential customers, users, investors, or other relevant entities or individuals.”
AAO decision text
How the evidence was treated
- citations publications · discounted
“does not...sufficiently demonstrate how an individual's research represents a record of success in their field”
AAO decision text - recommendation letter · discounted
“the letters do not further elaborate on or sufficiently explain how the Petitioner's work has been utilized in the field”
AAO decision text - degree · discounted
“the Petitioner has not adequately demonstrated that her academic accomplishments are sufficient in and of themselves”
AAO decision text - funding · discounted
“the record does not contain evidence that the Petitioner has, in fact, received any such funding”
AAO decision text - other · discounted
“the letter post-dates the filing of the petition. Eligibility, however, must be established at the time of filing.”
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
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Notable
AAO withdrew the Director's adverse finding on national importance (prong 1) and found it met, but still dismissed based on prong 2, engaging in an unusually detailed critique of citation/bibliometric evidence (Google Scholar, Clarivate Analytics, OpenAlex) and rejecting the petitioner's Buletini-based abuse-of-discretion argument regarding the Director's evidence review.
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. 103.3
- Buletini v. INS
- Flores v. Garland
- Matter of Katigbak
- USCIS Policy Manual F.5(D)(2)
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