dismissedJUL172018_02B52032018-07-17 · appeal · Nebraska Service Center
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 physician-researcher in neurology, proposed to develop and launch a cross-platform mobile application (used in Kazakhstan) to assist physicians in diagnosing and treating stroke patients in the United States.
Field: neurology · Read the decision (uscis.gov)
EB-2 threshold — addressed
Record demonstrates Petitioner qualifies as an advanced degree professional based on his foreign medical degree equivalency; not disputed by Director.
Prong 1 — national importanceestablished
Prong 2 — well positionednot established · dispositive
“the record does not sufficiently document his record of success in running a business or his specific plans for funding his proposed U.S. endeavor”
“the record does not adequately show the interest of potential customers, users, investors, or other relevant entities”
“the source of the proposed endeavor's U.S. funding is not identified, nor is Kazakhstan listed as an investor that will support his proposed endeavor in the United States”
“the record does not adequately document that the mobile application stands to be adopted at any U.S. medical centers or in any U.S. regions”
“she does not state whether she has used, or intends to utilize, the mobile application at her medical practice in California”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“does not state whether she has used, or intends to utilize, the mobile application at her medical practice”
AAO decision text - business plan · discounted
“the record does not sufficiently document his record of success in running a business or his specific plans for funding”
AAO decision text - funding · discounted
“the source of the proposed endeavor's U.S. funding is not identified”
AAO decision text - certification membership · discounted
“this evidence does not show this company's record of success in the neurology field or healthcare industry”
AAO decision text - resume experience · credited
Where this case turned
- Business plan speculative · p2 — projections without a documented basis or steps
- 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 found prong 1 (national importance) satisfied but denied on prong 2, declining to reach prong 3; includes a footnote rejecting a job-creation argument based on projected staffing of only six employees after five years.
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.
- Matter of E-M-
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