The Petitioner, a civil engineering PhD holder, intended to work as an assistant professor at a U.S. university teaching, researching, and publishing, while developing an analytical program and digitizable carbon emission inventory to help address environmental impacts of the built environment/construction industry.

Prong 1 — national importancenot established · dispositive

“the record does not establish that, more likely than not, doing so would have national or even global implications within the field of construction or the built environment, beyond simply engaging in ordinary research activities similar to all other researchers.”

“there is no evidence that decision-makers have adopted his model.”

“merely working in an important industry or field does not establish the national importance of his proposed endeavor.”

“the record does not establish that the Petitioner's specific endeavor will help the United States remain ahead of strategic competitors or contribute to the United States achieving or maintaining technology leadership or peer status among allies and partners.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“the Petitioner has not provided any evidence that his intended research is supported through the allocation of funding by a U.S. based education, government or private institution.”

“the Petitioner has not submitted evidence of interest from ... or any other U.S. university.”

“he has not demonstrated sufficient progress or success in his field, or interest in his work from relevant parties, to show that he is well positioned to advance his proposed research endeavor.”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “the letter does not provide any background for understanding the broader impact of the Petitioner's involvement in these initiatives.”

  AAO decision text
• citations publications · discounted

  “beyond simply engaging in ordinary research activities similar to all other researchers.”

  AAO decision text
• degree · credited
• funding · discounted

  “the Petitioner has not provided any evidence that his intended research is supported through the allocation of funding by a U.S. based education, government or private institution.”

  AAO decision text
• resume experience · discounted

  “he has not demonstrated sufficient progress or success in his field ... to show that he is well positioned to advance his proposed research endeavor.”

  AAO decision text

Where this case turned

• Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
• Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
• Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
• Funding absent · p2 — no documented funding or resources behind the plan
• 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 expressly disagreed with and withdrew SCOPS' favorable finding on Dhanasar prong two even while dismissing the appeal on both prongs one and two; also rejected Petitioner's Buletini-based abuse-of-discretion argument, noting the district court decision is non-precedential and that agencies need not address every piece of evidence.

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
• Buletini v. INS
• Flores v. Garland
• INA 203(b)(2)

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