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.
A PhD student in linguistics proposed a two-part endeavor: to research and develop an AI-driven system of context-based, strategic indirect communication and persuasion applicable to advertising, forensic linguistics, and social media, and separately to obtain a professorship teaching linguistics and TESOL courses.
Field: linguistics · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found, and AAO did not disturb, that the Petitioner qualified as a member of the professions holding an advanced degree.
Prong 1 — national importanceestablished
“The Petitioner's endeavor to teach courses in linguistics and TESOL would not meet the standard for national importance set forth in Dhanasar.”
“we agree with the Director's determination that his endeavor to perfo1m research in the field of linguistics meets the standard set out in prong one of the Dhanasar framework”
AAO decision text
Prong 2 — well positionednot established · dispositive
“the publication evidence does not materially, relevantly, or probatively demonstrate that publication of two journal articles is a "record of success"”
“the letters fall short of this, as their descriptions of the impact of his work are not congruent to his stated research endeavor”
“the Petitioner has not established that the number of citations received by his published articles reflect a level of interest in his work from relevant parties sufficient to meet Dhanasar's second prong”
“assertions of a linguist shortage are neither relevant nor persuasive”
“the Petitioner, however, has not sufficiently demonstrated that his published work has served as an impetus for progress in the field”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“the letters fall short of this, as their descriptions of the impact of his work are not congruent to his stated research endeavor”
AAO decision text - citations publications · discounted
“without additional context, the Petitioner has not established his publications... are "substantial" or influential in the field of linguistics”
AAO decision text - other · discounted
“assertions of a linguist shortage are neither relevant nor persuasive”
AAO decision text - degree · credited
- resume experience · discounted
“he has not shown that this work renders him well positioned to advance his proposed research”
AAO decision text
Where this case turned
- Citations insufficient · p2 — citation counts without qualitative account of impact
- Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
- No progress evidence · p2 — no documented movement toward the endeavor since filing
- Occupational shortage argument rejected · p2 — argues a labor shortage — the labor-certification question, not Dhanasar
- Record of success insufficient · p2 — a claimed track record the documents do not establish
Notable
AAO bifurcated its analysis because the petitioner's endeavor had both a research and a teaching component; it agreed with the Director that the research endeavor met prong one but withdrew the Director's implicit approval of the teaching endeavor under prong one, finding teaching does not meet the national importance standard. The case nonetheless turned on prong two, so prong three was never reached.
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
- Flores v. Garland
- INA 203(b)(2)
- Matter of Caron Int'l
- Matter of D-R-
- Matter of L-A-C-
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