dismissedJUN252024_02B52032024-06-25 · 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.

A welder proposed to work for a U.S. company in need of skilled welders, contribute to that company's growth with his welding abilities, and transfer his welding expertise to coworkers who wished to improve their skills.

Field: welding · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“despite its title, the document that purports to be a business plan is a personal statement.”

“the record does not establish how the Petitioner's "work for a U.S. company in need of skilled welders" may have the type of broader implications indicative of national importance.”

“the Petitioner has not established that the proposed endeavor has national importance, as required by the first Dhanasar prong”

“The generalized information regarding the welding industry and related topics ... do not address ... how the endeavor may have the type of broader implications indicative of national importance.”

AAO decision text

How the evidence was treated

business plan · discounted
“despite its title, the document that purports to be a business plan is a personal statement.”
AAO decision text
recommendation letter · discounted
“which informs how the Petitioner's work is important to his current employer.”
AAO decision text
other · discounted
“does not provide probative information material to the issue of whether the proposed endeavor may have national importance; therefore, we need not address it further.”
AAO decision text

Where this case turned

Business plan speculative · p1 — projections without a documented basis or steps
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
Local, not national scope · p1 — impact confined to clients / a region

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Notable

The Petitioner submitted on appeal an unsigned, undated letter purportedly written by his child claiming it was 'hidden from my father,' which the AAO found contradicted his sworn I-290B statement and used to question overall evidentiary credibility, though it ultimately did not affect the outcome. The AAO also declined to resolve the threshold exceptional-ability/advanced-degree question, citing Bagamasbad and Matter of L-A-C- for declining to reach unnecessary issues.

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.

Flores v. Garland
Matter of Ho
Matter of L-A-C-

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