dismissedDEC162025_05B52032025-12-16 · appeal
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 civil engineer with a PhD, proposed to continue research on developing advanced and reliable traffic safety analysis methods to identify safety effects of traffic interventions and assist traffic agencies in decision-making.
Field: civil engineering / transportation safety research · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS and AAO agreed the Petitioner qualifies as an advanced degree professional; not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“review of the record does not sufficiently demonstrate the endeavor's national importance.”
“his emphasis on the significance of roadway safety in society is misplaced.”
“an undertaking related to an important topic or field is not sufficient, alone, to establish its national importance.”
“he has not explained how his own work would result in prospective benefits to the regional or national economy”
AAO decision text
Prong 2 — well positionednot established · dispositive
“he has not explained how that research has led or will lead to progress towards a specific endeavor.”
“The general assertion implying that his work has impacted policymaking and resource allocation in the field of transportation engineering is not corroborated by any probative evidence.”
“he has not offered evidence of a detailed plan for a specific endeavor or described any particular goals or objectives he aims to accomplish through his endeavor.”
“A degree in and of itself is not a sufficient basis to determine that a person is well positioned to advance the proposed endeavor.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“the recommendation letters outline the Petitioner's past contributions to his field... but they do not offer evidence of the Petitioner's endeavor such that it rises to the level of national importance”
AAO decision text - resume experience · discounted
“These assertions, however, are not supported by further explanation or other evidence of how the Petitioner's role is crucial”
AAO decision text - degree · discounted
“A degree in and of itself is not a sufficient basis to determine that a person is well positioned to advance the proposed endeavor.”
AAO decision text - other · discounted
“relies on the gravity of the subject matter and the nature of the Petitioner's overall intentions... rather than on an endeavor in and of itself with distinct intended outcomes”
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
- Business plan speculative · p2 — projections without a documented basis or steps
- Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
- Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
- No progress evidence · p2 — no documented movement toward the endeavor since filing
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Notable
AAO affirmatively disagreed with and withdrew SCOPS' favorable finding on prong 1 (national importance), reversing course to find against the petitioner on a prong SCOPS had found satisfied, then also found prong 2 unmet; prong 3 was reserved under 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
- 8 C.F.R. 103.5
- Flores v. Garland
- USCIS Policy Manual F.5(D)(1)
- USCIS Policy Manual F.5(D)(2)
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