dismissedJAN082024_06B52032024-01-08 · 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 mechanical engineer, proposed to create a mechanical and electrical maintenance services company handling equipment such as fillers, tanks, sealers, packaging machines, and air conditioning systems, and to remodel commercial premises and electrical installations.
Field: mechanical engineering · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the professional plan omits details regarding the Petitioner's proposed endeavor, such as the location where he intends to create his mechanical and electrical maintenance services company”
“the record does not establish how the proposed endeavor may have national importance, as required by the first Dhanasar prong”
“neither the professional plan nor the remainder of the record establishes how the Petitioner's upstart mechanical and electrical maintenance services company may have national or even global implications”
“the record does not establish how the proposed endeavor may have "significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area."”
AAO decision text
How the evidence was treated
- business plan · discounted
“the professional plan omits details regarding the Petitioner's proposed endeavor”
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
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
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Notable
The Director's decision contained internally contradictory statements, first stating the petitioner established substantial merit and national importance, then concluding the opposite; the AAO expressly withdrew the Director's favorable statement. The AAO also declined to resolve an unresolved threshold EB-2 eligibility question raised in the RFE but not addressed in the final denial.
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
- Matter of L-A-C-
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