dismissedFEB142023_02B52032023-02-14 · 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, a civil engineer who co-manages two Florida-based paving companies, proposed to continue working with an American engineering firm and/or grow his own companies, handling managerial, procurement, and construction oversight tasks.
Field: civil engineering · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found degree/experience insufficient; AAO withdrew this finding and found the record satisfies the advanced-degree criterion under 8 C.F.R. 204.5(k)(2).
Prong 1 — national importancenot established · dispositive
“the [P]etitioner has not shown his proposed endeavor in this case stands to sufficiently extend beyond an organization and its clients to impact the industry or field more broadly”
“The record supports the conclusion that the Petitioner's business activities would benefit himself, his companies, and its clients”
“None of the industry reports and articles about civil engineering in general in the record specifically address the Petitioner, his proposed endeavor”
“the relevant question is not the importance of the industry, field, or profession in which an individual will work”
AAO decision text
How the evidence was treated
- other · discounted
“None of the industry reports and articles about civil engineering in general in the record specifically address the Petitioner”
AAO decision text - resume experience · credited
- degree · credited
- business plan · discounted
“the record does not provide sufficient information regarding the scope of the companies' planned operations, the number of employees and types of positions”
AAO decision text
Where this case turned
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- 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
AAO withdrew the Director's threshold advanced-degree finding in the petitioner's favor but still dismissed on prong 1 national importance, expressly declining to reach prongs 2 and 3.
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. 204.5(k)(2)
- Matter of L-A-C-
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