dismissedAUG162023_01B52032023-08-16 · motion_reconsider · 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 drilling engineer, sought to continue his career in drilling and wells engineering in the United States.
Field: drilling and wells engineering · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the record does not sufficiently show that the proposed endeavor activities would create national or global implications in the field, extending beyond the individual organizations or businesses that would employ his services.”
“the record generally focuses on the Petitioner's past accomplishments in the field as a drilling engineer and does not support the Petitioner's claims of substantial economic effects to the U.S. regional or national economy through job creation or tax revenues directly attributable to his future endeavor.”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“The Petitioner resubmits on motion a copy of the Petitioner's Form I-140 Petition and supporting documents previously filed”
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
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
Petitioner argued Dhanasar's national importance standard is easier to satisfy than NYSDOT's national-in-scope standard and relied on the vacated NYSDOT precedent; AAO rejected this as lacking legal authority, clarifying that NYSDOT's 'national in scope' language addressed a different prong (well-positioned) rather than lowering the national importance standard.
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. 103.5
- Matter of L-A-C-
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