dismissedFEB272024_11B52032024-02-27 · 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, an electrical technician, proposed to consult for companies across many sectors, listing a wide range of possible activities (installing generators, solar systems, fire detection systems, substations, etc.) rather than a single specific endeavor.

Field: electrical technician / electrical engineering trades · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner met only 1 of 6 exceptional-ability criteria (academic diploma); AAO withdrew Director's favorable findings on license/certification and professional membership, and found work-experience letters undermined by inconsistent ETA 750B, and achievement letters merely showed capable job performance rather than field-wide contributions.

Prong 1 — national importancenot established · dispositive

“Here, the Petitioner has not stated a cognizable endeavor, and so cannot establish that this endeavor's impact will have national importance.”

“The record does not establish what the Petitioner's proposed endeavor will be, and so does not show that this endeavor would be nationally important.”

“a shortage of workers in an occupation is not sufficient, in and of itself, to establish that workers in that occupation should receive a waiver of the job offer requirement.”

“working in an area with substantial merit does not make an endeavor nationally important.”

AAO decision text

How the evidence was treated

degree · credited
resume experience · discounted
“the Petitioner did not appropriately document his 10 years of qualifying work experience in his U.S. Department of Labor Form ETA 750B”
AAO decision text
certification membership · discounted
“the record does not demonstrate that the Petitioner has a license or certificate to practice his occupation”
AAO decision text
recommendation letter · discounted
“they do not sufficiently document any specific achievement or significant contribution the Petitioner has made to his industry or field”
AAO decision text
business plan · discounted
“he has not stated how he will divide his time between the many activities listed in his professional plan”
AAO decision text

All 6 evidence items

other · discounted
“The purpose of the national interest waiver is not to facilitate a petitioner's U.S. job search.”
AAO decision text

Where this case turned

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
Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar

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Notable

AAO went further than the Director, affirmatively withdrawing two of the Director's favorable exceptional-ability findings (license/certification and professional membership) even though the outcome was already dismissal; also flagged that Petitioner's ETA 750B omitted qualifying jobs listed on his resume, reducing his documented experience below 10 years.

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. 103.2(b)(1)
8 C.F.R. 103.3
8 C.F.R. 204.5(g)(1)
8 C.F.R. 204.5(k)(2)
Flores v. Garland
Matter of Ho
Matter of L-A-C-
Matter of O-R-E-
Matter of R-A-M-

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