Petitioner, a Ph.D. student and graduate research/teaching assistant, proposed to develop AI methodologies, tools, and algorithms to analyze multimodal healthcare data, medical images, and ECG signals to improve diagnostic accuracy and patient care, including in detecting breast cancer and brain tumors.

Prong 1 — national importanceestablished

“We acknowledge that the proposed endeavor has substantial merit.”

“relevant supporting documents in the record indicate that the proposed endeavor may have national importance.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“the evidence does not establish that he is well-positioned to advance it, and the record thus does not satisfy Dhanasar's second prong.”

“he does not claim, and the record contains no evidence, he currently holds any graduate degree.”

“neither letter writer indicates any personal knowledge of the Petitioner's skills or his work beyond the stated citation history, and their vague assertion that he is a "key figure" is not born out by the evidence.”

“they thus do not sufficiently show the claimed qualitative progress or success in his field that may position him well in carrying out his proposed endeavor.”

“The record does not otherwise contain any evidence that the Petitioner or his own research project specifically received any funding, or that he himself initiated or was the primary award contact on any funding proposals.”

“The record thus lacks evidence of interest of potential customers, users, investors, or other relevant entities or individuals, and these factors do not weigh in the Petitioner's favor.”

“the evidence does not show strong publication or citation records; the ability to pursue his proposed endeavor through a research job or postdoctoral position; a statement of interest; or potential funding”

AAO decision text

How the evidence was treated

• citations publications · discounted

  “they do not sufficiently show the claimed qualitative progress or success in his field”

  AAO decision text
• recommendation letter · discounted

  “neither letter writer indicates any personal knowledge of the Petitioner's skills or his work beyond the stated citation history”

  AAO decision text
• funding · discounted

  “The record does not otherwise contain any evidence that the Petitioner or his own research project specifically received any funding”

  AAO decision text
• degree · discounted

  “he does not claim, and the record contains no evidence, he currently holds any graduate degree”

  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
• Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
• No progress evidence · p2 — no documented movement toward the endeavor since filing
• Record of success insufficient · p2 — a claimed track record the documents do not establish

Notable

AAO declined to consider new evidence submitted on appeal (updated Google Scholar profile, White House memo, caselaw) under 8 C.F.R. 103.2(b)(11) and Matter of Soriano, but noted even considering it, outcome unchanged. AAO expressly declined to reach prong 3 under INS v. Bagamasbad since prong 2 failure was dispositive.

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. 103.2(b)(1)
• Flores v. Garland

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