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, a research and development engineer, proposes to develop state-of-the-art materials science approaches to improve the durability and protective capacity of high-performance textiles, including superhydrophobic and self-healing textile materials, and to publish original research in peer-reviewed journals.
Field: materials science / functional textiles · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS found, and AAO did not disturb, that the Petitioner qualifies as a member of the professions holding an advanced degree (master's degree in textiles, merchandising, and fashion design from South Korea, 2019).
Prong 1 — national importanceestablished
“activities which only benefit the Petitioner's employer would not rise to a level of national importance.”
“we agree with SCOPS' conclusion that the Petitioner's proposed endeavor relating to his prospective research is both substantially meritorious and nationally important.”
AAO decision text
Prong 2 — well positionednot established · dispositive
“a degree, in and of itself, is not a basis to determine that a person is well positioned to advance the proposed endeavor.”
“they generally lack specific and concrete examples demonstrating how the Petitioner's work has been adopted, applied in practical settings, or changed the course of other research efforts.”
“the Petitioner did not sufficiently explain the number of self-citations or those made by co-authors, which limits the ability to assess the objectivity and the breadth of the impact.”
“the record lacks sufficient detail regarding the Petitioner's special role or responsibilities in securing these funds, including whether he was the primary award recipient or principal investigator.”
“the Petitioner has not provided evidence of an employment offer from academic institutions, or any national labs.”
“the Petitioner has not demonstrated the ability to pursue his proposed endeavor in the United States through an offer of employment, a statement of interest, or other potential funding.”
AAO decision text
How the evidence was treated
- degree · credited
- resume experience · credited
- citations publications · discounted
“citation frequency, which may include self-citations, is quantitative in nature and does not reveal the reasons for the citations, which involve a qualitative analysis.”
AAO decision text - recommendation letter · discounted
“they generally lack specific and concrete examples demonstrating how the Petitioner's work has been adopted, applied in practical settings, or changed the course of other research efforts.”
AAO decision text - funding · discounted
“the record lacks sufficient detail regarding the Petitioner's special role or responsibilities in securing these funds, including whether he was the primary award recipient or principal investigator.”
AAO decision text
All 6 evidence items
- other · discounted
“the record does not contain documentation demonstrating interest in offering him a research position.”
AAO decision text
Where this case turned
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- 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
The AAO partially agreed with the petitioner on prong 1, finding the research endeavor substantially meritorious and nationally important, but carved out a sub-finding that employment-specific activities would not rise to national importance. The AAO engaged in an extended comparison to the Dhanasar precedent petitioner's credentials (three advanced degrees including PhD, NASA/AFRL funding, PI role) to explain why this petitioner's master's degree plus 24 citations fell short. The AAO also addressed the petitioner's argument that his citation count exceeded Dhanasar's at filing, explicitly rejecting citation count as a standalone metric. The lack of any job offer, statement of interest from employers, or evidence of steps taken toward securing U.S. employment was treated as a significant negative factor under prong 2 given the petitioner's own stated plan required institutional employment.
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