dismissedJUN072021_05B52032021-06-07 · 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.
A cardiologist and division director proposed to continue clinical patient care, teaching/leadership of technicians and students, and clinical research into valvular heart disease and cardio-oncology, including exploring mobile clinics for underserved areas.
Field: cardiology · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found Petitioner qualified as an advanced degree professional; not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“the record does not establish by a preponderance of the evidence that the Petitioner's clinical work would impact the field of cardiovascular medicine or the U.S. healthcare industry more broadly, as opposed to being limited to the specific patients and workplace he serves”
“While we acknowledge the Petitioner's claims, he has not provided evidence to substantiate them.”
“Accordingly, without sufficient documentary evidence of their broader impact, the Petitioner's clinical activities do not meet the "national importance" element”
“the record does not include sufficient information or supporting evidence identifying the specific research projects he intends to undertake to demonstrate the nature and extent of his proposed research”
AAO decision text
Prong 2 — well positionednot established · dispositive
“None of the citations are included in the record and therefore it is not known how of many of these sixteen total citations are self-citations”
“The Petitioner has not shown that his published and presented work has served as an impetus for progress in the cardiovascular medicine field”
“does not, however, describe with specific detail how this research represents a significant contribution to the literature on the subject”
“Any attention it gathered has not been substantiated in the record.”
“As the record is insufficient to show that the Petitioner is well positioned to advance his proposed research endeavor, he has not established that he satisfies the second prong”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“does not describe any actual impact the research has had”
AAO decision text - citations publications · discounted
“citations are merely one factor among many that may contribute to such a finding”
AAO decision text - resume experience · discounted
“none of the duties he identified for the Petitioner include research”
AAO decision text - other · discounted
“there is no indication that this study has been cited by others”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Local, not national scope · p1 — impact confined to clients / a region
- Citations insufficient · p2 — citation counts without qualitative account of impact
- 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
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Notable
AAO analogized to its own prior treatment of teaching activities in Dhanasar itself to reject the Petitioner's teaching/leadership impact claims; decision expressly rests on independent alternate bases (prongs 1 and 2) without reaching prong 3.
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)
- 8 C.F.R. 204.5(k)(3)(ii)
- INA 203(b)(2)
- INA 291
- Poursina v. USCIS
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