dismissedAPR042025_03B52032025-04-04 · appeal · Texas 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, a reliability and maintenance engineer, proposed to provide reliability and maintenance strategies and tools (including AI integration) to enhance safety, productivity, and competitiveness, either as an employee or entrepreneur, including joining a U.S. oil and gas company to address reliability, safety, and mentoring needs.
Field: reliability and maintenance engineering · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found, and AAO did not disturb, that the Petitioner qualifies for the underlying EB-2 classification as an advanced degree professional.
Prong 1 — national importancenot established · dispositive
“the Petitioner has not established that his proposed endeavor's prospective impact rises to the level of national importance”
“the relevant question is not the importance of the industry or profession in which the individual will work”
“these objectives simply describe the typical duties of a reliability and maintenance engineer and are insufficient in themselves to show that the Petitioner's specific proposed endeavor rises to the level of national importance”
“the record lacks detailed and probative evidence on the claimed economic impact directly attributable to the proposed endeavor”
“they do not discuss his specific endeavor in the United States or explain why it is nationally important”
“a review of the "correspondence" reportedly from prospective employers reveals they are general Linkedin job alerts and not letters of interest or employment specific to the Petitioner as claimed”
“we also conclude that the Petitioner has not shown how his work will sufficiently extend beyond the individuals he trains to affect the region or our nation more broadly”
AAO decision text
How the evidence was treated
- media · discounted
“the articles and reports do not discuss the Petitioner or his proposed endeavor specifically”
AAO decision text - recommendation letter · discounted
“they do not discuss his specific endeavor in the United States or explain why it is nationally important”
AAO decision text - resume experience · discounted
“the Petitioner's knowledge, skills, and experience are considerations under Dhanasar's second prong”
AAO decision text - other · discounted
“they are general Linkedin job alerts and not letters of interest or employment specific to the Petitioner as claimed”
AAO decision text - certification membership · ignored
“the Petitioner was put on notice and given a reasonable opportunity to provide this evidence, we will not consider it for the first time on appeal”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- 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
- Letters not independent · p1 — letters come from employers and close collaborators, not independent experts
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Notable
AAO declined to consider new evidence (certificate, webpages) submitted for the first time on appeal under 8 C.F.R. 103.2(b)(11) and Matter of Soriano. AAO also rejected as not credible 'correspondence from prospective employers' that were actually generic LinkedIn job alerts. Decision rested entirely on prong 1 national importance; prongs 2 and 3 expressly reserved.
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
- Flores v. Garland
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