dismissedJUN082021_03B52032021-06-08 · 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, planned to work in the U.S. automotive industry helping manufacturers with engineering solutions related to manufacturing, quality, maintenance, and safety.
Field: mechanical engineering · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director did not decide advanced-degree eligibility; AAO found the Petitioner qualified as a member of the professions holding an advanced degree based on a bachelor's degree plus five years of progressive experience, so exceptional-ability classification was moot.
Prong 1 — national importancenot established · dispositive
“the Petitioner must demonstrate the national importance of his providing mechanical engineering services to auto manufacturing companies rather than the national importance of the mechanical engineering or the U.S. automotive field or industry.”
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his potential or futuristic employers, to impact the U.S. auto industry or U.S. economy more broadly at a level commensurate with national importance.”
“Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to his future work, the record does not show that benefits to the U.S. regional or national economy resulting from the Petitioner's mechanical engineering work would reach the level of "substantial positive economic effects"”
AAO decision text
How the evidence was treated
- degree · credited
- other · discounted
“The Petitioner did not explain how the evidence relates to his proposed endeavor, let alone shows its national importance.”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- 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
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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)
- INA 203(b)(2)
- Poursina v. USCIS
- Section 291 of the Act
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