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 doctoral student in mechanical engineering proposed to continue research on Inconel/Aluminum composite fabrication and austenitic stainless steel via additive manufacturing, publish her findings, and work as a researcher/tutor in the field after completing a postdoctoral degree.
Field: mechanical engineering / additive manufacturing · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found, and AAO agreed, Petitioner qualifies for EB-2 as a member of the professions holding an advanced degree.
Prong 1 — national importanceestablished
Prong 2 — well positionednot established · dispositive
“The Petitioner has not established, however, a record of success in related or similar efforts, progress towards achievement of her proposed endeavor, or interest from other individuals or entities beyond her past and current institutions and advisors.”
“The authors of the Petitioner's support letters are all former or current advisors, colleagues, or professors at her current, past, or affiliated institutions.”
“The document does not indicate which articles were cited, how many times such articles were cited, or whether the citations included self-citations”
“the Petitioner did not submit evidence that NASA has expressed any interest in her proposed endeavor”
“The Petitioner did not submit evidence that she received grant funding from any institutions outside the context of her academic education that would indicate interest in her proposed endeavor.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“The authors of the Petitioner's support letters are all former or current advisors, colleagues, or professors at her current, past, or affiliated institutions.”
AAO decision text - citations publications · discounted
“The document does not indicate which articles were cited, how many times such articles were cited, or whether the citations included self-citations by the Petitioner or her co-authors.”
AAO decision text - funding · discounted
“The Petitioner did not submit evidence that she received grant funding from any institutions outside the context of her academic education.”
AAO decision text - degree · credited
- certification membership · credited
Where this case turned
- Citations insufficient · p2 — citation counts without qualitative account of impact
- Funding absent · p2 — no documented funding or resources behind the plan
- Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
- 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
AAO reversed the Director on prong 1, finding national importance established (crediting critical/emerging technology list and expert letters), but affirmed denial on prong 2 due to lack of independent corroboration and progress evidence, declining to reach 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. 103.3
- Flores v. Garland
- Matter of L-A-C-
Cases in adjacent profiles
- The Petitioner, a senior principal biostatistician, proposes to develop innovative statistical and machine-learning meth
- The Petitioner proposed to use advanced deep learning and machine learning models to create efficient, safe, and well-pe
- The Petitioner proposes to advance machine learning methods for the design and optimization of advanced metamaterials an
- The Petitioner, a postdoctoral chemist, proposed to continue developing high-performance materials and novel synthetic m
- The Petitioner proposes to design novel sensor data processing methods and machine learning algorithms for smart wearabl