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 research plant biotic stresses and develop rapid plant disease diagnostic tools, including work on late blight, sclerotinia stem rot, and pod shattering, to improve crop disease resistance and yield.
Field: plant sciences / plant pathology · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director already found Petitioner qualified as an advanced degree professional based on his Master of Science degree; not disputed on appeal.
Prong 2 — well positionedestablished
Prong 3 — balance of factorsestablished
How the evidence was treated
- recommendation letter · credited
- citations publications · credited
- funding · credited
- degree · credited
- resume experience · credited
All 6 evidence items
- business plan · credited
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Notable
The Director had already found prong 1 (substantial merit and national importance) satisfied and only disputed prongs 2 and 3; AAO addressed only those two prongs, finding both met and sustaining the appeal, relying in part on USCIS Policy Manual STEM/critical-and-emerging-technologies guidance for 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
- USCIS Policy Manual F.5(D)(2)
What this case teaches
Analyst reading of the decision text.
Petitioner demonstrated well-positioned status via funding (USDA, NSF), citations, employment offers, and combined this with STEM/critical-emerging-tech positive factors satisfying prong 3's urgency/balance test.
Pair concrete progress evidence (funding, citations, job offers) with STEM/critical-tech policy factors to satisfy prongs 2 and 3, not just prong 1 importance.
specific
critical_emerging_tech · stem_positive_factor · economic_growth_generic · field_advancement
mixed
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