The petitioner sought to continue research developing advanced mathematical models and computational algorithms for energy-efficient thermal management systems, aiming to improve heat transfer performance in industrial cooling and renewable energy applications.

Prong 2 — well positionednot established · dispositive

“he did not elaborate on the extent to which the Petitioner's specific findings are being utilized to improve these three distinct fields”

“it does not sufficiently establish how his work has affected the industries or whether his findings have been adopted, implemented, or otherwise influenced the industries”

“That a publication bears a high journal ranking or impact factor is reflective of the publication's overall citation rate. It does not, however, show the influence of any particular author”

“A degree in and of itself, however, is not a sufficient basis to determine that a person is well positioned to advance the proposed endeavor”

“the evidence submitted does not sufficiently demonstrate that the Petitioner is well positioned to independently secure funding or lead the advancement of his proposed endeavor”

“he has not sufficiently demonstrated that his work constitutes a record of success or progress rendering him well positioned to advance his proposed endeavor”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “it does not sufficiently establish how his work has affected the industries or whether his findings have been adopted, implemented, or otherwise influenced the industries”

  AAO decision text
• citations publications · discounted

  “this evidence is not sufficient to demonstrate a level of interest or a record of research success that renders him well positioned”

  AAO decision text
• degree · discounted

  “A degree in and of itself, however, is not a sufficient basis to determine that a person is well positioned to advance the proposed endeavor”

  AAO decision text
• funding · discounted

  “the evidence submitted does not sufficiently demonstrate that the Petitioner is well positioned to independently secure funding or lead the advancement of his proposed endeavor”

  AAO decision text
• resume experience · discounted

Where this case turned

• Citations insufficient · p2 — citation counts without qualitative account of impact
• Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
• Funding absent · p2 — no documented funding or resources behind the plan
• 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

Notable

The AAO explicitly rejected the Petitioner's comparison of his citation record to that of the petitioner in the Dhanasar precedent decision itself, clarifying that Dhanasar's second-prong finding was based on funding and research role, not citation metrics. The decision also relies on a footnote citing USCIS Policy Manual language that a STEM PhD tied to a critical/emerging technology is 'an especially positive factor' but not independently 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
• 8 C.F.R. 103.5
• Buletini v. INS
• Flores v. Garland

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