dismissedAUG152024_04B52032024-08-15 · 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 proposed to work as an electrical project engineer directing and advising engineering activities in the manufacturing sector to reduce costs, create jobs, and increase profitability.
Field: electrical engineering · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the record does not adequately demonstrate that these benefits, even if realized, would impact the industry beyond the Petitioner's employer or clients utilizing her services”
“the relevant question is not the importance of the field, industry, or profession in which the individual will work”
“instead, the focus is on "the specific endeavor that the foreign national proposes to undertake."”
AAO decision text
How the evidence was treated
- resume experience · discounted
“the Petitioner's education, skills, knowledge, and record of success are considerations when analyzing Dhanasar's second prong”
AAO decision text - recommendation letter · ignored
- business plan · ignored
- other · discounted
“the Petitioner's reliance on background information and statistics concerning immigrant entrepreneurs and the industry in her appellate brief is not persuasive”
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
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
The AAO adopted and affirmed the Director's decision on prong one via Matter of Burbano, then added its own analysis; declined to reach prongs two and three as unnecessary, citing INS v. Bagamasbad.
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
- Chen v. INS
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