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, who co-owns a fiber optic splicing company serving internet service providers, proposed to expand the company's operations and add fiber optic line construction services.
Field: electronics engineering / telecommunications (fiber optic splicing and construction) · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS found, and AAO did not dispute, that Petitioner qualifies as an advanced degree professional.
Prong 1 — national importancenot established · dispositive
“the Petitioner has not shown, and the record does not delineate, how the impact resulting from his individual company's fiber optic services would sufficiently extend beyond his company and its clients to impact the industry, region, or nation more broadly”
“working in an important field, even one that is the subject of national initiatives, is insufficient in and of itself to establish the national importance of the proposed endeavor”
“he did not establish the significance of this data to show that the benefits to the regional or national economy would reach the level of "substantial positive economic effects" contemplated by Dhanasar”
“the Petitioner did not demonstrate the relevance of these numbers and show that such staffing levels provide substantial economic benefits to the Vermont region or the U.S. economy”
“although the letters express general support for the Petitioner, they do not discuss the Petitioner's specific endeavor or potential impact thereof”
AAO decision text
How the evidence was treated
- business plan · discounted
“he has offered little evidence to support his assertions and figures in his plan”
AAO decision text - recommendation letter · discounted
“these letters are of limited probative value in determining the endeavor's national importance”
AAO decision text - media · discounted
“the Petitioner's arguments and evidence focus on the general importance of his industry without sufficiently establishing how his individual services would have broader implications”
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
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Letters not independent · p1 — letters come from employers and close collaborators, not independent experts
- Local, not national scope · p1 — impact confined to clients / a region
Notable
AAO rejected the argument that alignment with the Federal Fiber to Home program inherently established national importance, reiterating that work in an important field or national initiative is insufficient absent evidence tying the specific endeavor's impact beyond the petitioner's own company and clients.
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
- Flores v. Garland
- INA 203(b)(2)
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