dismissedDEC232025_02B52032025-12-23 · 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 proposed to start his own U.S. company to work as an electrical engineering consultant, advising on microgrid and renewable energy projects, EV charging stations, and energy efficiency/audits for underserved communities and businesses.
Field: electrical engineering / energy consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS and AAO agreed the Petitioner qualifies for EB-2 as an advanced degree professional.
Prong 1 — national importancenot established · dispositive
“The issue is not whether an organization or client would benefit from the endeavor, but whether the endeavor has broad implications with substantial positive effects.”
“The record, however, lacks evidence that the Petitioner's U.S. company would likely work on a project installing 500 miles of isolated aerial power lines or one otherwise generating up to 9,000 jobs.”
“The Petitioner has not explained why the business's revenue estimates changed.”
“he has not explained how a business that generates less than $2 million in annual revenues would substantially affect the U.S. energy market.”
“The Petitioner has not demonstrated that his proposed company would install enough microgrids in the United States to have a national impact.”
AAO decision text
How the evidence was treated
- business plan · discounted
“The Petitioner has not explained why the business's revenue estimates changed.”
AAO decision text - recommendation letter · discounted
“the letters do not specifically explain the projects' claimed national implications.”
AAO decision text - other · discounted
“they do not describe the projects in detail or explain their purported national significance.”
AAO decision text
Where this case turned
- Business plan speculative · p1 — projections without a documented basis or steps
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
AAO relied on conflicting job-creation figures in Ecuadoran-project letters (11,000 vs. 350 jobs) as evidence undermining the Petitioner's scalability claims, citing Matter of Ho's inconsistency-resolution 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.
- Matter of Ho
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