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 proposed to write international medical books for research and medical students, gain employment at a hospital, university, or research center, and establish a medical research institute in the United States.
Field: biomedical science / medical research · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO found the foreign diploma (QCF Level 7 Postgraduate Diploma) was not shown equivalent to a U.S. master's degree because the issuing institution was not accredited and the credential evaluation lacked analysis; reserved the exceptional-ability claim.
Prong 1 — national importancenot established · dispositive
“We do agree with the Director's determination that the evidence did not establish that the proposed endeavor has national importance.”
“Here, the Petitioner has not sufficiently established that his proposed endeavor aims to advance STEM technologies or research.”
“Also, the record does not show that his proposed endeavor would have an impact in a STEM field more broadly to establish its national importance.”
AAO decision text
How the evidence was treated
- other · discounted
“further research did not corroborate the Petitioner's claimed authorship”
AAO decision text - recommendation letter · discounted
“the recommendation letters that claim that the Petitioner authored the book also lack credibility and probative value”
AAO decision text - degree · discounted
“does not appear to be an accredited institution in the United Kingdom as it is not listed in the United Kingdom's official Office for Students Register”
AAO decision text - other · discounted
“the Petitioner does not address how this report demonstrates the national importance of his proposed endeavor other than that his endeavor is in the science, technology, engineering, and mathematics (STEM) fields”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
Notable
AAO entered a separate finding of willful misrepresentation of a material fact after determining the petitioner falsely claimed authorship of a plagiarized book submitted as evidence of exceptional ability; the diploma-granting institution was also found unaccredited (address was a single-family residence). This credibility finding undermined both the threshold EB-2 classification and the prong 1 national importance analysis.
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. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- 8 C.F.R. 204.5(k)(3)(iii)
- Chen v. INS
- Flores v. Garland
- Matter of Ho
- Matter of L-A-C-
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