The Petitioner, a doctoral candidate and graduate research assistant, proposed to continue researching advanced integration methods for embedded, intelligent multi-microgrid systems to improve the resilience, reliability, and security of U.S. power systems.

Prong 1 — national importanceestablished

“Therefore, the record demonstrates that the Petitioner's proposed endeavor is of national importance.”

“we find that he meets the first prong of the Dhanasar framework and withdraw the Director's determination as to this criterion.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“Although the Petitioner's advanced degree in a STEM field is an especially positive factor, it is not a sufficient basis to determine that he is well positioned to advance the proposed endeavor.”

“Regardless, the Petitioner has not established that the number of citations is sufficient to meet Dhanasar's second prong.”

“Here, the record does not show that the Petitioner, as opposed to the University or his advisor for example, has received funding for his research proposals or future projects.”

“The evidence of his varying future employment plans undermines the Petitioner's claims that he is well positioned to advance his stated endeavor.”

“the record is insufficient to establish he is well positioned to advance his proposed endeavor.”

AAO decision text

How the evidence was treated

• citations publications · discounted

  “citation frequency, which may include self-citations, is quantitative in nature and does not reveal the reasons for the citations”

  AAO decision text
• funding · discounted

  “the record does not show that the Petitioner, as opposed to the University or his advisor for example, has received funding”

  AAO decision text
• patents · discounted

  “The Petitioner has not, however, provided evidence that the patent has been approved or documentation that demonstrates its significance to the field.”

  AAO decision text
• recommendation letter · discounted

  “a letter from the Petitioner's advisor informally states that he will offer the Petitioner a research position upon his graduation”

  AAO decision text
• degree · discounted

  “it is not a sufficient basis to determine that he is well positioned to advance the proposed endeavor”

  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
• Funding absent · p2 — no documented funding or resources behind the plan
• Record of success insufficient · p2 — a claimed track record the documents do not establish

Notable

AAO withdrew the Director's prong-one finding (national importance) but dismissed on prong two, illustrating that a partial win on one prong does not save the petition; also rejected Petitioner's argument that Director owed a separate discretionary analysis, and discounted Clarivate citation percentiles for not being subfield-specific.

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
• Matter of L-A-C-

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