dismissedJUN132025_03B52032025-06-13 · appeal
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.
The Petitioner sought to continue research on developing mechanisms for advanced manufacturing in healthcare to improve prostheses and orthoses, as well as work on crash absorbers and robotics, intending to pursue this as an assistant professor at a university.
Field: mechanical engineering · Read the decision (uscis.gov)
Prong 1 — national importanceestablished
Prong 2 — well positionednot established · dispositive
“a degree in and of itself, is not a basis to determine that a person is well positioned to advance the proposed endeavor”
“this evidence alone is insufficient to demonstrate a level of interest or a record of research success that renders him well positioned”
“these letters are supportive in tone and positive factors, they generally lack specific and concrete examples demonstrating how the Petitioner's work has been adopted”
“The fact that the Petitioner does not currently have such a position weighs against demonstrating either a specific model or plan for future activities or progress toward achieving the endeavor”
“the evidence submitted does not sufficiently demonstrate that the Petitioner is well positioned to independently secure fonding or lead the advancement of his proposed endeavor”
“we conclude that the Petitioner has not established that he is well positioned to advance the proposed endeavor”
AAO decision text
How the evidence was treated
- citations publications · discounted
“citation frequency...does not reveal the reasons for the citations, which involve a qualitative analysis”
AAO decision text - recommendation letter · discounted
“these letters are supportive in tone and positive factors, they generally lack specific and concrete examples”
AAO decision text - funding · discounted
“the evidence submitted does not sufficiently demonstrate that the Petitioner is well positioned to independently secure fonding”
AAO decision text - degree · credited
- patents · ignored
All 6 evidence items
- resume experience · discounted
“not every individual who has performed original research will be found to be well positioned to advance their proposed endeavor”
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
- 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
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Notable
AAO agreed with SCOPS on prong 1 (national importance conceded) but reversed to deny on prong 2, emphasizing lack of job offer/funding/statement of interest despite acknowledging PhD in STEM as an 'especially positive factor'; extensively distinguished the facts from Matter of Dhanasar itself.
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.
- Flores v. Garland
- Matter of L-A-C-
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