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 proposed to establish and operate a self-funded software enterprise developing vehicle-to-vehicle and vehicle-to-infrastructure communication software for autonomous vehicles, aimed at eliminating traditional traffic signals and optimizing urban traffic flow.
Field: software engineering / autonomous vehicle systems / algorithmic optimization · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS found and AAO agreed that the Petitioner qualifies as an advanced degree professional (bachelor's in electrical/electronics engineering from India 2017, master of engineering 2019).
Prong 1 — national importanceestablished
“We agree with SCOPS' determination that the Petitioner's proposed endeavor has substantial merit.”
“We will not reach a decision on whether the proposed endeavor has national importance.”
AAO decision text
Prong 2 — well positionednot established · dispositive
“the record lacks evidence showing that he has academic or professional experience in establishing or operating a software business or any business”
“the record does not demonstrate the significance of the Petitioner's published work, because it lacks evidence confirming citations to his article, or reliance or adaptation of his research by others”
“the record lacks evidence of investment of funds or steps taken by these individuals or associated entities after voicing their initial positive reception”
“the record lacks evidence that he has formed such a business or taken steps to form such a business”
“the record does not confirm that the Petitioner has reached any of the specified milestones, including 'core software development and simulation testing'”
“the Petitioner is 'not [permitted to] perform services at a third-party worksite' and [employer] 'will have the right of control over [his] work and work product'”
AAO decision text
How the evidence was treated
- degree · credited
- resume experience · discounted
“the record lacks evidence showing that he has academic or professional experience in establishing or operating a software business or any business”
AAO decision text - citations publications · discounted
“the record does not demonstrate the significance of the Petitioner's published work, because it lacks evidence confirming citations to his article, or reliance or adaptation of his research by others”
AAO decision text - certification membership · discounted
“the Petitioner's authorship, membership and judging experience does not confirm that he is qualified to establish or operate a software business or any business”
AAO decision text - patents · discounted
All 9 evidence items
- business plan · discounted
“the record does not confirm that the Petitioner has reached any of the specified milestones”
AAO decision text - recommendation letter · discounted
“all of them emphasized that the letters did not constitute a formal commitment or binding agreement”
AAO decision text - other · discounted
“the materials on the Petitioner's interaction with NASA, at most, confirm that his proposed endeavor has research value, but does not support the finding that the NASA Ames Research Center is interested in working with the Petitioner”
AAO decision text - other · discounted
Where this case turned
- Business plan speculative · p2 — projections without a documented basis or steps
- Funding absent · p2 — no documented funding or resources behind the plan
- Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
- No progress evidence · p2 — no documented movement toward the endeavor since filing
- Record of success insufficient · p2 — a claimed track record the documents do not establish
Notable
The AAO declined to reach prong 1 national importance and prong 3 entirely, dismissing solely on prong 2. The decision draws a notable contrast with Matter of Dhanasar's own facts (NASA/AFRL government funding and documented project roles) to highlight the absence of comparable evidence here. The AAO also flagged that the Petitioner's current H-1B employment with a third-party worksite restriction and employer right-of-control over work product affirmatively undermines his ability to pursue the proposed self-employment endeavor. Letters of support from multiple entities followed identical formatting and language, which the AAO noted but did not explicitly label as a credibility defect — rather treating them as substantively insufficient for lacking follow-through on stated next steps.
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