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 graduate teaching assistant, proposed to conduct research on converting waste into activated carbon materials for energy storage applications.
Field: waste conversion for energy storage (waste conversion to activated carbon materials) · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO withdrew the Director's finding of ineligibility for EB-2 classification, finding the Director had not adequately explained why the WES credential evaluation was insufficient; issue left unresolved as unnecessary to the disposition.
Prong 2 — well positionednot established · dispositive
“Simply submitting proof of publications without sufficient evidence to describe how those publications show progress towards achieving the goals ofthe proposed research or a record of success in similar efforts are not sufficient”
“Nor, as the Director stated, is it clear that the citations are self-citations as opposed to independent citations.”
“The letters did not illuminate the Petitioner's proposed endeavor, or as the Director correctly noted, how the Petitioner's past research provides a foundation for their future research”
“In any event, a degree in and of itself is not a basis to determine that a person is well positioned to advance a proposed endeavor.”
“The record does not adequately describe how the Petitioner's proposed endeavor's objectives can be realized through a part time conduit.”
AAO decision text
How the evidence was treated
- citations publications · discounted
“they do not sufficiently describe how the published articles demonstrated a record of success or how they evidenced a related or similar effort”
AAO decision text - recommendation letter · discounted
“The letters did not illuminate the Petitioner's proposed endeavor... how the Petitioner's past research provides a foundation for their future research”
AAO decision text - degree · discounted
“a degree in and of itself is not a basis to determine that a person is well positioned to advance a 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
- 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 affirmed denial on prong 2 alone while explicitly withdrawing the Director's adverse EB-2 threshold finding, criticizing the Director for failing to explain why the WES credential evaluation was insufficient, and expressly reserving prongs 1 and 3 and the threshold EB-2 issue as unnecessary to reach; also flagged that the part-time (20 hrs/week) nature of the petitioner's position undermined feasibility of the endeavor.
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. 103.3
- 8 C.F.R. 204.5(g)(1)
- 8 C.F.R. 204.5(k)(2)
- Matter of L-A-C-
- Poursina v. USCIS
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