The Petitioner, a medical epidemiologist, proposed to advance public health preparedness and emergency response in resource-challenged environments, focusing on vaccine-preventable diseases such as polioviruses and Ebola virus.

Prong 1 — national importanceestablished

“The Director concluded that the Petitioner's proposed endeavor met the substantial merit and national importance requirements, and the record supports that determination.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“On appeal, the Petitioner does not address the Director's specific findings or particularly identifies any erroneous conclusion of law.”

“A petition cannot be approved at a future date after the petitioner becomes eligible under a new set of facts.”

“Accordingly, we will not consider his positions with in on appeal under Dhanasar's second prong.”

“Accordingly, we will not consider this evidence on appeal.”

“he has not shown on appeal that he is well positioned to advance his proposed research endeavor”

AAO decision text

How the evidence was treated

• resume experience · discounted

  “Eligibility must be established at the time of filing.”

  AAO decision text
• recommendation letter · ignored

  “the Petitioner did not offer this letter either at initial filing or after the Director afforded him an opportunity”

  AAO decision text
• citations publications · discounted

Where this case turned

• Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
• Record of success insufficient · p2 — a claimed track record the documents do not establish

Notable

AAO refused to consider Petitioner's later job with a new employer (post-filing eligibility) and a reference letter first submitted on appeal that was not offered during the RFE period, citing Soriano/Obaigbena evidentiary-timing rules; dismissal expressly rested on prong 2 alone as an independent and alternate basis.

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)
• INA 291
• Matter of Bardouille
• Matter of Izummi
• Matter of Katigbak

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