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sustainedJAN212026_05B52032026-01-21 · appeal · SCOPS Service Center

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 proposes to investigate peripheral and central mechanisms of chronic pain by identifying functions of specific genes and neuronal subtypes in the trigeminal ganglion and brain, with the goal of uncovering novel therapeutic targets and developing new pain management strategies.

Field: neuroscience / neuropathic pain research · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS had already determined the Petitioner qualified for EB-2 as a member of the professions holding an advanced degree based on her Ph.D. equivalent in Neurobiology; not contested on appeal.

Prong 1 — national importanceestablished

“we conclude that by establishing her proposed endeavor's substantive merit and national importance, the Petitioner meets the first prong of the Dhanasar framework.”
“Several letter authors identify specific examples of how the Petitioner's research progress has affected the field and she offered probative evidence to corroborate those examples.”

AAO decision text

Prong 2 — well positionedestablished

“we agree with SCOPS that based on the evidence the Petitioner presented, her experience and expertise as a neuroscientist, published articles, citation evidence, record of success contributing to various research projects, and progress in her field position her well to advance her proposed endeavor.”
“Although we have some reservations about the issue of funding-the Petitioner claims she has secured funding for her projects but it was other co-authors who actually obtained the funding”

AAO decision text

Prong 3 — balance of factorsestablished

“she offers contributions of such value that, on balance, they would benefit the United States even assuming that other qualified U.S. workers are available.”
“the Petitioner has documented her past successes in advancing research in her field and in publishing influential neurological research findings.”

AAO decision text

How the evidence was treated

  • resume experience · credited
  • citations publications · credited
  • recommendation letter · credited
  • funding · discounted
    “the Petitioner claims she has secured funding for her projects but it was other co-authors who actually obtained the funding”
    AAO decision text
  • degree · credited

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Notable

This is a sustained appeal — a relatively rare outcome. The AAO reversed SCOPS on all three Dhanasar prongs. The only reservation noted was on funding attribution under prong 2 (co-authors rather than petitioner obtained the grants), but this did not prevent a favorable finding. The decision text appears to have a redaction or OCR gap mid-sentence ('she most recently served as a research associate at the') leaving the employer name blank.

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.

  • Section 291 of the Act

What this case teaches

Analyst reading of the decision text.

Decisive factor

SCOPS conceded substantial merit; AAO found letters gave specific, corroborated examples of field-wide impact and public-health significance, satisfying national importance and third prong.

Transferable lesson

Pair a concrete, mechanism-specific endeavor description with reference letters citing specific, corroborated examples of broader field impact—not just personal credentials.

Endeavor framing

specific

National-importance theory

public_health · field_advancement

Evidence targeting

endeavor_focused

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