dismissedAPR102024_04B52032024-04-10 · 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.

Petitioner, a Brazilian mechanical engineer with an MBA and ~20 years of production/industrial engineering experience, sought to establish his own U.S.-based production engineering consulting business advising clients on process optimization.

Field: production/mechanical engineering consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed with Director that Petitioner qualifies as an advanced degree professional (bachelor's plus five-plus years progressive experience).

Prong 1 — national importancenot established · dispositive

“The record supports the Director's conclusion that the Petitioner submitted insufficient evidence that his proposed endeavor would substantially boost the economy or improve the production engineering field on a national level.”

“The engineering consulting articles may demonstrate the field's national importance. But the Petitioner has provided insufficient evidence that his specific endeavor would have national implications.”

“he has submitted insufficient evidence to explain his claims or support his work's purported effect on the national economy.”

AAO decision text

How the evidence was treated

business plan · discounted
“The Petitioner has not demonstrated how the business's projected 22 employees and $1,433,171 in revenues would substantially affect the national economy.”
AAO decision text
media · discounted
“The engineering consulting articles may demonstrate the field's national importance. But the Petitioner has provided insufficient evidence that his specific endeavor would have national implications.”
AAO decision text
resume experience · discounted
“In determining national importance, however, USCIS does not consider a petitioner's professional experience.”
AAO decision text
degree · credited

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

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Notable

AAO expressly rejected Petitioner's argument that the Director improperly focused on geographic scope, clarifying that Dhanasar's shift from 'national in scope' to 'national importance' concerns broader field/economic impact, not geography. AAO also declined to consider a new environmental/lean-manufacturing argument raised for the first time on appeal, citing Matter of Izaguirre, and expressly reserved the 'well positioned' and 'on-balance benefit' prongs as unnecessary given the dispositive Prong 1 failure.

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)(2)
Matter of L-A-C-

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