The Petitioner, a doctoral student, proposed to develop medical devices for thermofluidic applications including cryopreservation of organs and cells and rapid tissue reoxygenation via oxygen nanobubbles, aimed at improving outcomes in organ transplantation and emergency medicine.

Prong 1 — national importanceestablished

“We withdraw SCOPS' conclusion concerning the national importance of the Petitioner's proposed endeavor. The Petitioner has established, by a preponderance of the evidence, that he has met the first prong of the Dhanasar framework.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“the record does not establish how his previous research relates to his proposed endeavor.”

“It is not clear how his published and cited work relates to his current endeavor's focus on cryopreservation or tissue reoxygenation.”

“he has not provided comparative citation data for researchers in his field or other relevant evidence to support his claims that his published work is 'widely recognized and relied upon in the field of fluid mechanics'”

“the Petitioner has not established that, as a student, he was well positioned to engage in activities for which he had not yet obtained the necessary credentials and qualifications.”

“they are not sufficient to overcome the lack of evidence demonstrating the Petitioner's model or plan for future activities, his progress toward achieving the endeavor, or interest from potential investors or other relevant entities.”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “Most of this evidence, however, references his research in the field of thermofluidic mechanics and the record does not establish how his previous research relates to his proposed endeavor.”

  AAO decision text
• citations publications · discounted

  “he has not provided comparative citation data for researchers in his field or other relevant evidence to support his claims that his published work is 'widely recognized and relied upon'”

  AAO decision text
• resume experience · discounted

  “the record does not include evidence of how or whether that development is or will be utilized in the field or otherwise further advance the Petitioner's proposed endeavor.”

  AAO decision text
• degree · discounted

  “he has not otherwise shown that his academic accomplishments alone are sufficient to demonstrate that he is well positioned to advance his proposed endeavor.”

  AAO decision text
• other · discounted

  “the record does not contain evidence indicating that his endeavor has received interest from any entities relevant to potentially advancing it beyond stages of research for use in medical settings.”

  AAO decision text

Where this case turned

• Business plan speculative · p2 — projections without a documented basis or steps
• Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
• 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

The AAO partially sustained the appeal by reversing SCOPS on Prong 1 (finding substantial merit and national importance established), but dismissed on Prong 2. The decision notably emphasizes that the petitioner was still a doctoral student at filing and had not yet obtained credentials needed for the postdoctoral work central to his proposed endeavor, treating the not-yet-achieved Ph.D. and postdoctoral eligibility as a significant negative factor under Prong 2. The Conclusion section contains an apparent internal inconsistency, stating 'The Petitioner has not demonstrated that the proposed endeavor has national importance' despite the body of the decision explicitly finding Prong 1 satisfied; this appears to be a drafting error. The decision date in the document reads 'JAN. 21, 2016' but cites Matter of Dhanasar (2016) and Flores v. Garland (2023), indicating the actual decision date is likely January 21, 2026 (consistent with the decision_id prefix JAN212026).

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