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 telecommunications PhD holder and tenure-track assistant professor, proposed to develop AI/deep-learning models for improving cardiovascular and breast-cancer diagnostic imaging, detecting deepfake media, and detecting mental workload in high-stakes environments.
Field: artificial intelligence / machine learning (speech and audio signal processing, medical image processing) · Read the decision (uscis.gov)
Prong 1 — national importanceestablished
“we conclude it is of national importance under Dhanasar 's first prong.”
AAO decision text
Prong 2 — well positionednot established · dispositive
“this evidence is not sufficient to demonstrate a level of interest or a record ofresearch success that renders her well positioned.”
“But the letter does not establish how she is well positioned to advance her endeavor.”
“citation frequency is quantitative in nature and it does not reveal the reasons for the citations, which involve a qualitative analysis.”
“the record does not include evidence establishing that the Petitioner was the primary awardee or recipient of any grant funding”
“she has not sufficiently established the ability to pursue her proposed endeavor in the United States through the claimed employment and funding”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“Nominal reliance on the Petitioner's work among her peer group is not sufficient to show she is well positioned”
AAO decision text - citations publications · discounted
“citation frequency is quantitative in nature and it does not reveal the reasons for the citations”
AAO decision text - funding · discounted
“the record does not include evidence establishing that the Petitioner was the primary awardee or recipient of any grant funding”
AAO decision text - other · discounted
“the Petitioner has not shown its nexus to the university”
AAO decision text
Where this case turned
- Citations insufficient · p2 — citation counts without qualitative account of impact
- Funding absent · p2 — no documented funding or resources behind the plan
- 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
- Record of success insufficient · p2 — a claimed track record the documents do not establish
Notable
The appeal was initially summarily dismissed due to an administrative error but reopened via a service motion after AAO located a timely follow-on brief. AAO found SCOPS erred by ignoring a dean's letter confirming only 50% research time, and independently found national importance met under prong one, but dismissed on prong two grounds, reserving prong three.
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. 103.2(b)(1)
- 8 C.F.R. 103.2(b)(12)
- 8 C.F.R. 103.3
- Flores v. Garland
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