The petitioner, a research engineer with a PhD in aerospace engineering, proposed to continue research applying machine learning and surrogate modeling techniques to aerospace and infrastructural engineering problems, including structural design and optimization.

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

“the record supports the Director's determination that the evidence is insufficient to demonstrate that the Petitioner is well positioned to advance his proposed research under Dhanasar's second prong”

“he does not offer specific examples of their application by organizations in that sector”

“the Petitioner has not demonstrated that this number of citations constitutes a record of success or a level of interest in his work from relevant parties sufficient to meet Dhanasar's second prong”

“he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor”

“the Petitioner has not shown that his published and presented work has served as an impetus for progress in the aerospace engineering field”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “he does not offer specific examples of how the Petitioner's [work] has generated positive interest among relevant parties”

  AAO decision text
• citations publications · discounted

  “the Petitioner has not demonstrated that this number of citations constitutes a record of success”

  AAO decision text
• degree · discounted

  “he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor”

  AAO decision text
• resume experience · discounted

  “he has not shown that this work renders him well positioned to advance his proposed research”

  AAO decision text

Where this case turned

• Citations insufficient · p2 — citation counts without qualitative account of impact
• Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
• Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
• 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
• Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground

Notable

AAO agreed with the Director that prong 1 was satisfied but reversed on prong 2, finding it dispositive despite the Director having only denied on the national-interest waiver generally; the decision extensively critiques individual letters for lacking specific examples of implementation or industry 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. 103.2(b)(1)
• Poursina v. USCIS
• Section 291 of the Act

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