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 postdoctoral organic chemist proposed to continue research into synthetic methodology and protein-degradation targeting techniques to improve early-stage drug discovery, following a temporary postdoctoral fellowship.
Field: organic/pharmaceutical chemistry (drug discovery) · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO agreed with the Director that the Petitioner qualifies for EB-2 classification as an advanced degree professional; this was not in dispute.
Prong 3 — balance of factorsnot established · dispositive
“With or without a waiver, the Petitioner could not remain in that position.”
“This proceeding is not about the fellowship, but about the permanent immigration benefit that the Petitioner seeks”
“those arguments do not establish that the national interest in the foreign national's contributions is sufficiently urgent to warrant forgoing the labor certification process”
“the Petitioner's advanced degree and expertise are not presumptive evidence of eligibility for a national interest waiver”
“Such conflicts diminish the evidentiary weight of the citation materials.”
“the citation metrics she provided are deficient in some respects, and of questionable relevance in others”
AAO decision text
How the evidence was treated
- recommendation letter · credited
- citations publications · discounted
“Such conflicts diminish the evidentiary weight of the citation materials.”
AAO decision text - degree · discounted
“the Petitioner's advanced degree and expertise are not presumptive evidence of eligibility for a national interest waiver”
AAO decision text - other · discounted
“This information supports the conclusion that, at the time of filing, the Petitioner remained a trainee, still "acquiring the professional skills" that her field demands.”
AAO decision text
Where this case turned
- NEW job offer impracticality rejected · p3
- Citations insufficient · p3 — citation counts without qualitative account of impact
- Urgency not established · p3 — no reason shown why the benefit cannot wait for labour certification
- U.S. worker availability · p3 — the impracticality of a labour-market test was asserted, not established
Notable
The AAO conducted an unusually granular statistical critique of competing citation-percentile methodologies (Clarivate vs. Google Scholar vs. Microsoft Academic 'field model'), concluding the disparate medians showed the Petitioner's percentiles were 'the product of result-oriented calculation rather than a wholly objective comparison.' The Director had found prongs 1 and 2 satisfied, so the AAO expressly declined to revisit them and decided the case solely on 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)
- Poursina v. USCIS
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