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.
A Brazilian architect with over 20 years of experience sought to continue working in the U.S. as an architect, designing, consulting, and planning residential, commercial, and public structures.
Field: architecture · Read the decision (uscis.gov)
EB-2 threshold — addressed
Petitioner demonstrated foreign equivalent bachelor's degree plus five years progressive experience, qualifying as advanced degree professional.
Prong 1 — national importancenot established · dispositive
“The Director found that the record lacks sufficient evidence that the benefits of the Petitioner's work would reach beyond his employers and clients to advance his field or significantly boost the U.S. economy or an economically depressed area within the country.”
“The Petitioner has not demonstrated that his specific proposal has national implications.”
“But he has not established the national significance of that impact or its occurrence in an economically depressed area.”
“The record also does not indicate that his U.S. work would produce architectural outcomes or processes advancing the field.”
AAO decision text
Where this case turned
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- 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
Notable
AAO affirms substantial merit of the architectural field/profession but finds petitioner failed to tie his specific endeavor to national-level implications, drawing a direct analogy to Dhanasar's own STEM-teaching example of insufficient national importance despite field-level merit.
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. 204.5(k)(2)
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