dismissedJUL172024_11B52032024-07-17 · 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 mathematician, proposed to use advanced mathematical modeling (semigroups of linear operators) to develop solutions for protecting perishable foods from decay and providing safe drinking water, while pursuing a U.S. assistant professorship.
Field: mathematics · Read the decision (uscis.gov)
Prong 1 — national importanceestablished
“we agree with the Director that the Petitioner meets the first prong of the Dhanasar framework”
AAO decision text
Prong 2 — well positionednot established · dispositive
“he did not provide specific examples indicating that the Petitioner's model has been utilized for risk mitigation by specific communities or organizations”
“almost all the citations to the aforementioned articles are self-citations by the Petitioner and his coauthors”
“he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor”
“Without sufficient evidence demonstrating the means or financial support to undertake his proposed mathematics research in the United States, the Petitioner has not demonstrated that his plan for future activities renders him well positioned”
“he did not offer evidence showing that he has received funding for his research proposals or future projects”
“the Petitioner has not sufficiently demonstrated that his published and presented work has served as an impetus for progress in the mathematics field”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“he does not explain how this work has affected the water or food safety industries or otherwise represents a record of success”
AAO decision text - citations publications · discounted
“almost all the citations to the aforementioned articles are self-citations by the Petitioner and his coauthors”
AAO decision text - degree · discounted
“he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned”
AAO decision text - business plan · discounted
“he did not provide documentation from any such organization showing their communications or identifying the specific research projects”
AAO decision text - funding · discounted
“he did not offer evidence showing that he has received funding for his research proposals or future projects”
AAO decision text
All 6 evidence items
- resume experience · discounted
“his Form ETA-750B... and curriculum vitae do not list any employment after that date”
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 conclusory · p2 — letters praise skills in general terms without tracing specific impact
- Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable
The AAO engaged in an unusually detailed bibliometric critique, relying on a Scientometrics article to discount the Petitioner's Google Scholar, Clarivate InCites, and OpenAlex percentile metrics as inflated by self-citation, explicitly stating self-citations 'should be obviously ignored' when assessing impact.
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. 204.5(k)(2)
- INA 203(b)(2)
- Matter of L-A-C-
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