The Petitioner, a geologist, proposed to continue scientific research analyzing microfossils and environmental chemicals to determine how human activity affects sea-level and environmental changes, and to find solutions for environmental recovery.

Prong 1 — national importanceestablished

Prong 2 — well positionednot established · dispositive

“she has not shown that her academic accomplishments by themselves are sufficient to demonstrate that she is well positioned to advance her proposed endeavor”

“the record does not demonstrate the significance of her role in the research projects, that her involvement in the projects helped advanced her proposed endeavor”

“it does not detail the Petitioner's achievements or contributions to her proposed endeavor”

“the letters do not detail how the Petitioner's research findings have had an impact in the field, assisted others in the field”

“the record does not include evidence showing that the Petitioner's work has influenced the field of endeavor”

“the evidence show that her research findings have been frequently cited by independent researchers or otherwise constitute a record of success”

“it is lacking probative value since it does not sufficiently detail the basis for finding the Petitioner had a "leading role"”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “they also do not detail the Petitioner's achievements and contributions to her field or describe how she is well positioned to advance her proposed endeavor”

  AAO decision text
• citations publications · discounted

  “the record does not include evidence showing that the Petitioner's work has influenced the field of endeavor”

  AAO decision text
• degree · discounted

  “she has not shown that her academic accomplishments by themselves are sufficient to demonstrate that she is well positioned to advance her proposed endeavor”

  AAO decision text
• resume experience · discounted

  “the record does not demonstrate the significance of her role in the research projects”

  AAO decision text
• certification membership · ignored

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
• Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
• 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

AAO affirmed prong 1 sua sponte despite Director providing no reasoning, then found prong 2 dispositive; expressly reserved prong 3 citing Bagamasbad; noted Petitioner's degree was not in a STEM field tied to critical/emerging technologies as an additional negative factor under prong 2.

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 Caron Int'l
• Matter of D-R-
• Matter of E-M-
• Matter of L-A-C-
• Poursina v. USCIS
• USCIS Policy Manual F.5(D)(1)
• USCIS Policy Manual F.5(D)(2)

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