The Petitioner, a medical researcher, proposed to develop new clinical toxicology management practices for poisoned patients and implement prevention strategies for traumatic injuries to reduce mortality and morbidity and improve patient outcomes.

Prong 1 — national importanceestablished

“Here, SCOPS determined, and we agree, that the Petitioner's endeavor has substantial merit and national importance.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“we conclude that the Petitioner has not adequately documented how he intends to pursue his proposed research activities.”

“Nor has he established that he has generated interest in his future research or made progress towards achieving the specific proposed endeavor.”

“the instant record contains no evidence of any interest or communication between the Petitioner and the ... or any other potential employer”

“the Petitioner in this case did not provide evidence showing that he led any research projects that were publicly or privately fonded or that he received fonding to conduct his research.”

“Dr. M-S- did not provide any details about the Petitioner's "many research successes" nor did she indicate that the Petitioner's approach has been widely accepted and used within the medical community beyond the hospital where she and the Petitioner work.”

“Dr. F-G- does not offer examples of how the Petitioner's findings have been implemented, utilized, or applauded among medical practitioners”

“the Petitioner has not demonstrated that his academic accomplishments are sufficient in and of themselves to demonstrate that he is well positioned to advance his proposed endeavor.”

“the proof of membership included no membership or expiration dates and was not accompanied by evidence of the membership's significance to reflect a record of the Petitioner's success or level of interest in his work.”

“he has not shown that this work renders him well positioned to advance his proposed research.”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “does not offer examples of how the Petitioner's findings have been implemented, utilized, or applauded among medical practitioners”

  AAO decision text
• citations publications · discounted

  “he has not shown that this work renders him well positioned to advance his proposed research”

  AAO decision text
• certification membership · discounted

  “the proof of membership included no membership or expiration dates and was not accompanied by evidence of the membership's significance”

  AAO decision text
• degree · discounted

  “the Petitioner has not demonstrated that his academic accomplishments are sufficient in and of themselves”

  AAO decision text
• resume experience · discounted

  “not every individual who has performed original research will be found to be well positioned to advance their proposed endeavor”

  AAO decision text

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 expressly credited prong 1 (substantial merit and national importance) but dismissed solely on prong 2, reserving prong 3 as unnecessary; it treated absence of a job offer/employer interest and lack of funding as valid negative factors despite acknowledging neither is strictly required, citing Dhanasar's own facts as a comparison point.

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. 204.5(k)(2)
• Flores v. Garland
• Matter of L-A-C-
• USCIS Policy Manual F.5(D)(2)

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