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 choir instructor, music performer, and PhD researcher, proposed to continue research, documentation, and preservation of Assyrian/Syriac music, language, and culture, including developing a scholarly guide to the rarely studied tradition.
Field: Assyrian/Syriac music, language, and cultural history research · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found and AAO agreed Petitioner qualifies as advanced degree professional.
Prong 1 — national importanceestablished
“we agree that the Petitioner has established that she meets the first prong of the Dhanasar framework”
AAO decision text
Prong 2 — well positionedestablished
“we conclude that the record does establish by a preponderance of the evidence that the Petitioner is well positioned to advance her proposed endeavor”
AAO decision text
Prong 3 — balance of factorsestablished
“we conclude that the waiver of the labor certification requirement for the Petitioner would, on balance, be beneficial to the United States”
AAO decision text
How the evidence was treated
- recommendation letter · credited
- resume experience · credited
- degree · credited
- citations publications · credited
“Although the Petitioner's work has a limited citation history, evidence shows that she has been invited to and has presented her work at additional international scholar conferences”
AAO decision text - funding · credited
All 6 evidence items
- business plan · credited
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Notable
AAO sustained the appeal on all three prongs, reversing the Director on prongs 2 and 3 despite acknowledging the Petitioner's work had 'a limited citation history,' finding other qualitative evidence (rarity of expertise, community/scholarly letters, funding, and postdoctoral plans) sufficient.
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
What this case teaches
Analyst reading of the decision text.
AAO found extensive, specific expert letters establishing petitioner's near-unique qualifications and the impracticality of labor certification for this rare niche sufficiently supported prongs 2 and 3.
Pair detailed expert letters proving scarcity of qualified individuals with a concrete explanation of why labor certification is unsuited to the niche field to satisfy prongs 2 and 3.
specific
field_advancement · other
mixed
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