dismissedMAR122019_03B52032019-03-12 · appeal · Texas Service Center

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, a mathematics teacher and education researcher, proposed to continue teaching and conducting research through a collaborative professional network aimed at closing the STEM skills gap by comparing U.S. practices to those of countries ahead in STEM education.

Field: mathematics education / STEM education research · Read the decision (uscis.gov)

Prong 1 — national importanceestablished

“As the Petitioner has documented both the substantial merit and national importance of her proposed research, we find that she meets the first prong of the Dhanasar framework.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“the record does not show that her specific research findings and methods stand to be implemented at various colleges or universities”

“did not offer specific examples of how the Petitioner's work has generated positive interest among relevant parties, has been implemented by others in the field, or otherwise reflects a record of success in her area of research”

“the Petitioner does not offer comparative statistics indicating how often other education researchers are cited, nor does the record otherwise demonstrate that her published and presented research constitutes a record of success”

“As the record is insufficient to demonstrate that the Petitioner is well positioned to advance her proposed endeavor, she has not established that she satisfies the second prong”

AAO decision text

How the evidence was treated

recommendation letter · discounted
“did not offer specific examples of how the Petitioner's work has generated positive interest among relevant parties”
AAO decision text
citations publications · discounted
“does not offer comparative statistics indicating how often other education researchers are cited”
AAO decision text
certification membership · discounted
“the evidence does not establish that the Petitioner's memberships represent a record of success in her field”
AAO decision text
resume experience · discounted
“we do not find that presentation of the Petitioner's work alone is sufficient to establish that she is well positioned”
AAO decision text
other · discounted
“the record does not establish that such course instruction work would impact the field of education more broadly, as opposed to being limited to her students”
AAO decision text

Where this case turned

Citations insufficient · p2 — citation counts without qualitative account of impact
Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
Record of success insufficient · p2 — a claimed track record the documents do not establish
Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground

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Notable

AAO explicitly bifurcated the endeavor: her teaching duties were found not to meet national importance (citing Dhanasar's own teaching-activity discussion), while her broader research endeavor did meet prong 1; the case was still dismissed on prong 2 alone, treated as an independent and alternate basis for the decision.

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. 103.2(b)(1)

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