The Petitioner, a Colombian psychologist, proposed to provide mental-health services and research in the U.S. focused on children and parents affected by the COVID-19 pandemic, including surveys, developmental assessments, and new treatment approaches.

Prong 2 — well positionednot established · dispositive

“the Petitioner has not shown: a record of success in related or similar efforts; the existence of a detailed model or plan for future activities; progress towards achieving her proposal; or the interest of potential customers, investors, or other relevant entities or individuals.”

“But the plan lacks details.”

“The record lacks evidence that she has taken steps to obtain a U.S. psychologist license, find a U.S. employer, establish her own psychology practice, or obtain research funding.”

“The expert's letter therefore does not persuade us that the Petitioner is well positioned to advance her proposal.”

“the record does not indicate interest in her U.S. proposal from prospective patients, customers, governmental agencies, or other organizations.”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “the submission of solicited letters supporting the petition is not presumptive evidence of eligibility.”

  AAO decision text
• business plan · discounted

  “the plan lacks details.”

  AAO decision text
• funding · discounted

  “The record lacks evidence that she has taken steps to ... obtain research funding.”

  AAO decision text
• citations publications · discounted

  “the record also lacks evidence that she has authored published research or obtained research funding.”

  AAO decision text
• degree · 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 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

Notable

The AAO found the Director erred twice—wrongly discounting the RFE-response letters as pre-existing evidence, and improperly importing an EB-1 'leading, critical, or indispensable role' standard into the EB-2 NIW analysis—yet still affirmed the denial on prong 2 grounds, reserving prong 3 entirely.

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 L-A-C-
• Matter of V-K-

Cases in adjacent profiles

• The Petitioner, a pharmacist, proposed to work in the United States through her own company providing pharmaceutical reg
• The Petitioner, a Brazilian-trained physiotherapist, proposed to work as a physical therapist and entrepreneur in the Un
• The Petitioner, a resident physician in New York holding a Chinese bachelor of medicine (MBBS) degree found equivalent t
• The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
• The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his