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 biomedical researcher, proposed to continue research into the genetic and molecular mechanisms of human diseases, including pulmonary diseases, aiming to develop new diagnostic and treatment strategies.
Field: biomedical research (pulmonary/genetic disease mechanisms) · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to submit official academic records and credential equivalency evaluations to establish an advanced degree, and did not address the exceptional-ability regulatory criteria at all.
Prong 1 — national importanceestablished
Prong 2 — well positionednot established · dispositive
“did not provide specific examples indicating that the Petitioner's findings have affected therapies for ___ diseases, have served as an impetus for progress or generated positive discourse in her field”
“he does not explain how the Petitioner's system has been implemented, utilized, or applauded in the biomedical field”
“the record does not include evidence showing that the Petitioner's work has affected diagnostic or treatment protocols, or otherwise reflects a record of success in her field”
“She does not offer comparative statistics showing the significance of this level of citation within her field”
“does not distinguish or highlight the Petitioner's work from the 54 other papers she referenced in her article”
“she has not shown that this work renders her well positioned to advance her proposed biomedical research”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“did not provide specific examples indicating that the Petitioner's findings have affected therapies”
AAO decision text - citations publications · discounted
“does not distinguish or highlight the Petitioner's work from the other papers she referenced”
AAO decision text - awards · discounted
“she has not demonstrated the significance or level of distinction of her award in the biomedical field”
AAO decision text - resume experience · discounted
“not every individual who has performed original research will be found to be well positioned to advance her proposed endeavor”
AAO decision text - degree · discounted
“she did not provide her official academic record from that university and an educational credentials evaluation”
AAO decision text
All 6 evidence items
- other · discounted
“it is not sufficient to demonstrate a record of success of, or interest in, her research”
AAO decision text
Where this case turned
- Citations insufficient · p2 — citation counts without qualitative account of impact
- Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
- Record of success insufficient · p2 — a claimed track record the documents do not establish
- Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground
Notable
AAO also found the threshold EB-2 advanced-degree and exceptional-ability requirements unmet (missing official academic records/credential evaluations, no exceptional-ability criteria addressed), and explicitly stated each basis (threshold failure and Dhanasar prong 2 failure) was an independent and alternate ground for dismissal. AAO credited prong 1 (national importance) as met, but appeal still failed on prong 2 and threshold grounds.
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. 204.5(k)(3)(ii)
- INA 203(b)(2)
- INA 291
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Petitioner failed prong 2: letters and citation evidence showed research activity but not that her work advanced the field, changed protocols, or generated significant recognition, so she was not shown well-positioned to advance the endeavor.
Supplement descriptive expert letters with concrete evidence of influence (citation context, adoption of methods, comparative benchmarks) to show a genuine record of progress, not just research activity.
moderate
field_advancement · public_health
person_focused
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