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 forensic DNA analyst, proposed to continue working as a forensic DNA analyst at a private forensic laboratory in Florida, analyzing DNA samples for law enforcement agencies.
Field: forensic science / forensic DNA analysis · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the geographic diversity of her clientele does not, by itself, establish that her work stands to impact the broader field or otherwise have implications rising to the level of national importance”
“she does not explain how her DNA analysis work stands to eliminate these accumulations”
“The Petitioner has not offered sufficient evidence to demonstrate that her prospective role as forensic scientist with has implications beyond her laboratory and its clients”
AAO decision text
Prong 2 — well positionedestablished
How the evidence was treated
- recommendation letter · credited
- certification membership · credited
- resume experience · credited
- other · discounted
“she does not explain how her DNA analysis work stands to eliminate these accumulations”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Local, not national scope · p1 — impact confined to clients / a region
- Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground
Notable
AAO credited the petitioner on prong 2 (well positioned) but found the endeavor failed prong 1's national importance requirement, making it dispositive without reaching prong 3. AAO also disregarded counsel's assertion that petitioner would continue research, relying instead on petitioner's sworn personal statement, citing conflict between counsel's brief and the petitioner's own statement.
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.
- INA 203(b)(2)
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