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 sought to establish and run a blockchain- and AI-based 'digitized international university' combining online and offline teaching, research, and industry, and to relocate its headquarters to the United States.
Field: online/digital higher education, blockchain technology · Read the decision (uscis.gov)
EB-2 threshold — addressed
The record demonstrates that the Petitioner qualifies as a member of the professions holding an advanced degree; not disputed.
Prong 2 — well positionednot established · dispositive
“the record does not include sufficient evidence to demonstrate how these research projects relate to the petitioner's specific proposed endeavor”
“neither of these positions appear to be related to the petitioner's proposed endeavor”
“does not provide sufficient detail as to the specific steps, projects, and/or partnerships that the petitioner intends to pursue in order to advance his proposed endeavor”
“the Petitioner submitted no evidence that he had taken any concrete steps toward establishing the company in the United States”
“his educational qualifications, on their own, are insufficient to demonstrate that he is well positioned to advance the specific proposed endeavor”
“the Petitioner has not shown that he has any experience in running a university”
“We agree with the Director that the Petitioner has not met his burden of proof to establish that he is well positioned to advance the proposed endeavor”
AAO decision text
How the evidence was treated
- citations publications · discounted
“the record does not include sufficient evidence to demonstrate how these research projects relate to the petitioner's specific proposed endeavor”
AAO decision text - business plan · discounted
“does not provide sufficient detail as to the specific steps, projects, and/or partnerships that the petitioner intends to pursue”
AAO decision text - resume experience · discounted
“he has not shown that his past experience and training are directly relevant to the proposed endeavor”
AAO decision text - certification membership · discounted
“he did not explain how those credentials relate directly to establishing and operating a university”
AAO decision text - degree · discounted
“his educational qualifications, on their own, are insufficient to demonstrate that he is well positioned to advance the specific proposed endeavor”
AAO decision text
All 6 evidence items
- other · discounted
“A comparison between an endeavor and its competitors ... is an insufficient measure of the progress that the [petitioner's] endeavor has made”
AAO decision text
Where this case turned
- Business plan speculative · p2 — projections without a documented basis or steps
- Citations insufficient · p2 — citation counts without qualitative account of impact
- Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
- 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
The Director had found prong 1 (substantial merit and national importance) satisfied; AAO reserved prong 3 and decided the case solely on prong 2, finding the Petitioner's job announcements, citation record, and business plan insufficiently tied to the proposed university endeavor. The Petitioner's appellate arguments largely attacked the Director's understanding rather than submitting new evidence, and the AAO noted an internal inconsistency between the business plan's stated need for 'significant investment' and the Petitioner's appellate claim that such projects require no external investment.
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.
- Flores v. Garland
- Matter of L-A-C-
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