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 senior research associate, proposed to continue biostatistical research into cancer detection and the prevention of a diabetes-related complication, building on prior studies of medical risk factors and treatments.
Field: medical/biostatistics research (cancer and cardiovascular studies) · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director and AAO agreed the Petitioner qualified as a member of the professions holding an advanced degree based on his MPH.
Prong 1 — national importanceestablished
Prong 2 — well positionednot established · dispositive
“Merely asserting that he played a "vital role" in the study, without more, does not sufficiently outline the extent of his involvement”
“the Petitioner has not demonstrated that the number of citations received by his articles reflects a level of interest in his work from relevant parties sufficient to meet this prong”
“the Petitioner has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor”
“the evidence is insufficient to demonstrate that he is well positioned to advance his proposed research under Dhanasar's second prong”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“does not sufficiently outline the extent of his involvement in or contributions to this study”
AAO decision text - citations publications · discounted
“has not demonstrated that the number of citations received by his articles reflects a level of interest in his work from relevant parties sufficient to meet this prong”
AAO decision text - degree · discounted
“has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor”
AAO decision text - other · discounted
“has not documented the reputation of the journal or offered other evidence demonstrating that his peer review experience rises to the level of rendering him well positioned”
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
- Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
- Record of success insufficient · p2 — a claimed track record the documents do not establish
Notable
The AAO found prong 1 satisfied but dismissed the appeal solely on prong 2, treating that failure as dispositive and declining to reach prong 3. The Petitioner cited a non-precedent AAO decision (Matter of F-E-) as persuasive authority, which the AAO distinguished on its facts while noting non-precedent decisions do not bind future adjudications.
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(c)
- INA 203(b)(2)
- INA 291
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