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 postdoctoral researcher, proposed to continue research on the mechanics of biopolymer-based materials and plant cell walls, with potential applications to bio-inspired materials and drug-delivery systems.
Field: mechanical engineering / mechanics of biopolymer-based materials · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found, and the AAO did not disturb, that the Petitioner qualifies as a member of the professions holding an advanced degree.
Prong 1 — national importanceestablished
“The Director does not appear to have addressed or analyzed whether the Petitioner's proposed endeavor is of substantial merit and national importance.”
“Accordingly, we hereby withdraw the Director's decision and remand the matter so that the Director may conduct a first-line analysis of the proposed endeavor's substantial merit and national importance.”
AAO decision text
Prong 2 — well positionedestablished
“We disagree with the Director's phraseology relating to a demonstration that the Petitioner's research work "transcend in the field of endeavor" to establish eligibility under the second prong of Dhanasar.”
“"Transcendence" is not contained in the statute, is not defined in the regulations, nor is it in the Dhanasar analytical framework.”
“Acknowledgments for funding included by the Petitioner's co-authors in their joint publications do not provide the details of the amount and terms of the grant or if Petitioner is the named grantee or awardee.”
“keeping in mind that a degree in and of itself is not a basis to determine that a person is well positioned to advance a proposed endeavor”
AAO decision text
Prong 3 — balance of factorsestablished
“If the Director finds that the Petitioner meets the eligibility requirements contained in the first and second prongs of the Dhanasar framework they should move to evaluating whether, on balance, the Petitioner demonstrates that it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.”
AAO decision text
How the evidence was treated
- recommendation letter · credited
- degree · discounted
“a degree in and of itself is not a basis to determine that a person is well positioned to advance a proposed endeavor”
AAO decision text - funding · discounted
“Acknowledgments for funding included by the Petitioner's co-authors in their joint publications do not provide the details of the amount and terms of the grant”
AAO decision text - citations publications · discounted
“our ultimate determination that Dr. Dhanasar was well positioned under the second prong was not based on his citation record alone”
AAO decision text
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Notable
This is a remand decision: the AAO withdrew the Director's denial because the Director never addressed prong 1 at all and improperly imported a non-existent 'transcendence' standard into prong 2. The AAO reaches no conclusion on the merits of any prong and instead issues detailed guidance for the Director's de novo reconsideration, expressly declining to opine on the ultimate outcome.
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
- Poursina v. USCIS
- USCIS Policy Manual F.5(D)(2)
What this case teaches
Analyst reading of the decision text.
Director failed to make any first-line finding on prong 1 (substantial merit/national importance) and misapplied a non-existent 'transcendence' standard to prong 2, making the decision unreviewable.
Ensure adjudicators (and petitioners) explicitly analyze each Dhanasar prong separately with record-based findings; unsupported or skipped prong-1 analysis warrants remand regardless of prong-2 evidence.
moderate
critical_emerging_tech · field_advancement · public_health · economic_job_creation
mixed
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