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 sought to develop advanced techniques to characterize biomechanical properties of cells and tissues for diagnosing and treating diseases such as cancer and diabetes, and to develop new biomaterials and artificial organs.
Field: biomechanical engineering · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found and AAO agreed Petitioner qualified as advanced degree professional based on PhD in mechanical and aerospace engineering.
Prong 1 — national importancenot established · dispositive
“we conclude that the Petitioner's employment is a factor he uses to support the prospective impact of his proposed endeavor and is accordingly part of our review of his proposed endeavor's national importance.”
“the record does not contain sufficient evidence that the Petitioner's research will be disseminated in a way that would have broader implications for his field.”
“the record does not establish that the Petitioner's work would be attributed to the Petitioner.”
“it is unclear how this collaboration or job creation would be directly attributable to the Petitioner and his proposed endeavor, rather than his employer.”
“evidence of the Petitioner's prior experience is not evidence of his proposed endeavor's national importance.”
“While his work may fall into this category, that alone does not mean it rises to the level of national importance.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“evidence of the Petitioner's prior experience is not evidence of his proposed endeavor's national importance.”
AAO decision text - funding · discounted
“this is insufficient as it is not evidence of actual funding.”
AAO decision text - resume experience · discounted
“past experience can be persuasive for prong two analysis... it does not sufficiently establish claim of national importance.”
AAO decision text - degree · credited
- other · discounted
“the record does not contain supporting evidence of these "external publications"”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
Notable
AAO found substantial merit satisfied but rejected national importance largely because the endeavor was framed as coextensive with the petitioner's employment, and any prospective impact (publications, job creation, government funding) was attributable to the employer/company rather than the individual petitioner; AAO reserved prongs 2 and 3 as unnecessary.
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. 103.5
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
What this case teaches
Analyst reading of the decision text.
The endeavor was pursued through his employer, and impact (dissemination, 300 jobs, prior NIH funding) was attributable to the company or past work, not to his specific prospective endeavor; prong-1 national importance failed.
Show the prospective impact is attributable to you, not your employer or team; prior funding, company job-creation, and unproven future publications do not establish your endeavor's national importance.
specific
public_health · critical_emerging_tech · field_advancement
mixed
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