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 characterizing molecular functions underpinning plant resistance or susceptibility to abiotic and biotic stresses using molecular and biological control approaches.
Field: plant genetics · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS found, and AAO did not disturb, that Petitioner qualifies as a member of the professions holding an advanced degree (MS and PhD in genetics).
Prong 1 — national importanceestablished
“We withdraw SCOPS' determination that the Petitioner did not establish the national importance of his proposed endeavor under Dhanasar 's first prong.”
“As the Petitioner has demonstrated both the substantial merit and national importance of his proposed research, he has established that he meets the first prong of the Dhanasar framework.”
AAO decision text
Prong 2 — well positionedestablished
“We also withdraw SCOPS' conclusion that the Petitioner did not establish he meets Dhanasar 's second prong.”
“His experience as a plant genetics researcher, published articles, citation evidence, and progress in his field position him well to advance his proposed endeavor.”
AAO decision text
Prong 3 — balance of factorsestablished
“Furthermore, we withdraw SCOPS' determination that the Petitioner did not establish he meets Dhanasar 's third prong.”
“we conclude that he offers contributions of such value that, on balance, they would benefit the United States even assuming that other qualified U.S. workers are available.”
AAO decision text
How the evidence was treated
- citations publications · credited
- recommendation letter · credited
- resume experience · credited
- degree · credited
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Notable
AAO sustains appeal on all three prongs, expressly withdrawing SCOPS' contrary findings on each; notes USCIS discretionary nature of NIW citing Flores v. Garland (5th Cir. 2023).
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
- INA 203(b)(2)
What this case teaches
Analyst reading of the decision text.
AAO found SCOPS erred on all three prongs; petitioner's STEM field (plant genetics), strong citation record, and expert letters on prospective impact sufficed under the STEM strong-positive-factor policy guidance.
For STEM researchers, pairing an advanced degree, strong citation/peer-review record, and expert letters addressing prospective impact can satisfy all three Dhanasar prongs even without quantifying national-scale magnitude.
moderate
critical_emerging_tech · stem_positive_factor · field_advancement · us_competitiveness
mixed
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