dismissedJUL152025_01B52032025-07-15 · appeal
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 software developer, proposed to use advanced computer vision and machine learning for real-time data processing to enhance autonomous vehicle safety and efficiency, encompassing several related research projects.
Field: software development / computer vision and machine learning for autonomous vehicles · Read the decision (uscis.gov)
Prong 2 — well positionednot established · dispositive
“they do not contain sufficient evidence of the impact of the Petitioner's work, specifically, on the field of automotive technology, nor do the letters explain how his research has impacted any particular field”
“a degree, in and of itself: is not a basis to determine that a person is well positioned to advance the proposed endeavor”
“the Petitioner has not provided evidence that he previously received funding for his research or has secured funding to continue pursuing his specific proposed endeavor”
“this evidence alone is insufficient to demonstrate a level of interest or a record of research success that renders him well-positioned”
“The Petitioner does not discuss any logistics necessary to carry out his endeavor or otherwise present a model or plan outlining an endeavor independent of his intention to continue his present employment”
“the record does not demonstrate that the Petitioner has generated interest in his proposed endeavor among potential customers, users, investors, or other relevant entities or individuals”
“we conclude that the Petitioner has not satisfied the second prong of the Dhanasar framework with regard to his positioning to advance his proposed endeavor”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“they do not contain sufficient evidence of the impact of the Petitioner's work, specifically, on the field of automotive technology”
AAO decision text - citations publications · discounted
“citation frequency, which may include self-citations, is quantitative in nature and does not reveal the reasons for the citations”
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 the proposed endeavor”
AAO decision text - funding · discounted
“the Petitioner has not provided evidence that he previously received funding for his research or has secured funding”
AAO decision text - business plan · discounted
“does not discuss any logistics necessary to carry out his endeavor or otherwise present a model or plan”
AAO decision text
Where this case turned
- Business plan speculative · p2 — projections without a documented basis or steps
- 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 not independent · p2 — letters come from employers and close collaborators, not independent experts
- 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
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Notable
AAO withdrew SCOPS' material-change finding regarding RFE clarification of the endeavor, but still dismissed the appeal solely on prong 2, reserving prongs 1 and 3 as unnecessary under Bagamasbad.
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
- Flores v. Garland
- INA 203(b)(2)
- USCIS Policy Manual F.5(D)(1)
- USCIS Policy Manual F.5(D)(2)
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