The Petitioner, an assistant research professor of mathematics, proposes to research and develop state-of-the-art machine learning techniques for complex dynamical systems—including interacting particle systems, quantum systems, and generalized Langevin dynamics—with applications ranging from quantum computing and molecular dynamics to public health and economic forecasting.

Prong 1 — national importanceestablished

“we determine that a preponderance of the evidence establishes that the Petitioner's endeavor is of national importance based on the potential impact it could have on his field”

“the proposed endeavor fully satisfies the standard set forth in Dhanasar's first prong and we will withdraw SCOPS' contrary determination”

AAO decision text

Prong 2 — well positionednot established · dispositive

“the Petitioner has not provided sufficient evidence to establish the long-term feasibility of his proposed endeavor or evidence demonstrating he has the means or financial support to undertake his proposed research”

“the record is silent regarding whether the Petitioner has obtained his own grants as a principal investigator, and whether any grant money he has received enables him to carry out his future research”

“these short references do not provide the level of detail necessary to understand whether the research grants contain ongoing funding support, or if the grants were limited to the research already conducted”

“many of the citations appear to come from only a handful of researchers, which does not establish the level of impact or interest in the Petitioner's research endeavor”

“these favorable factors alone are insufficient to establish the Petitioner is well-positioned to advance his proposed endeavor, particularly in light of the evidentiary deficiencies related to his funding sources”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “the letter does not confirm that the Petitioner is permitted to carry out his proposed endeavor at [university]; his letter is of limited probative value”

  AAO decision text
• citations publications · discounted

  “a few are self-citations, which does not indicate the level of independent impact the Petitioner claims his research has had on the field”

  AAO decision text
• funding · discounted

  “these short references do not provide the level of detail necessary to understand whether the research grants contain ongoing funding support”

  AAO decision text
• resume experience · discounted

  “the Petitioner did not provide any evidence from [university] to establish the terms or duties of his employment with them”

  AAO decision text
• other · discounted

  “these citation statistics concern the field of mathematics, which is distinct from and encompasses a larger swath of research than just his particular concentration in quantum computing”

  AAO decision text

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
• 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

Unusually, the AAO reversed SCOPS on both prong 1 (finding national importance where SCOPS had not) and prong 2 (finding the petitioner NOT well-positioned where SCOPS had found he was), ultimately dismissing the appeal on prong 2 grounds. The AAO also partially agreed with the petitioner on prong 3 (acknowledging skills not easily articulated in a labor certification) but declined to reach a full prong 3 determination under INS v. Bagamasbad. The petitioner cited a non-precedent AAO decision regarding a metallurgical engineer; the AAO reminded that non-precedent decisions do not bind future adjudications per 8 C.F.R. § 103.3(c).

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