dismissedJAN222025_01B52032025-01-22 · appeal · Texas 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 proposed to continue research on the structure, function, and interaction of proteins to develop novel therapeutic targets and approaches for disease intervention, including Alzheimer's and other neurodegenerative diseases.
Field: protein biochemistry / neurodegenerative disease research · Read the decision (uscis.gov)
Prong 1 — national importanceestablished
Prong 2 — well positionednot established · dispositive
“Although the Petitioner's advanced degree in a STEM field is an especially positive factor, it is not a sufficient basis to determine that he is well positioned to advance the proposed endeavor.”
“The professor does not offer specific examples indicating that the Petitioner's work has affected the field or otherwise represents a record of success or progress rendering her well positioned to advance the proposed endeavor.”
“the letter does not further elaborate and sufficiently explain how the Petitioner's work has been utilized in the field or otherwise constitutes a record of success.”
“she has not shown that a notable number of the citing authors placed unusual reliance on her work, resulting in a significant impact within the field.”
“The record does not show the Petitioner is mainly responsible for obtaining funding for the research project.”
“she has not sufficiently demonstrated her work has served as an impetus for progress in the field or it has generated substantial positive discourse in academic community.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“does not offer specific examples indicating that the Petitioner's work has affected the field”
AAO decision text - citations publications · discounted
“does not confirm that her work has impacted or advanced the field of endeavor”
AAO decision text - funding · discounted
“The record does not show the Petitioner is mainly responsible for obtaining funding for the research project.”
AAO decision text - degree · discounted
“it is not a sufficient basis to determine that he is well positioned to advance the proposed endeavor”
AAO decision text - resume experience · credited
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
- Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable
AAO explicitly distinguishes the facts from Matter of Dhanasar itself, noting the petitioner was not the named grant recipient (unlike Dhanasar, who was primary award contact) and that citation record alone was not the basis of Dhanasar's own second-prong finding.
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.
- Flores v. Garland
- USCIS Policy Manual F.5(D)(2)
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