dismissedMAR132024_02B52032024-03-13 · 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 construction manager, proposed to own and operate his own construction company, citing plans to hire employees, use green building techniques, and address housing shortages.
Field: construction management/civil engineering · Read the decision (uscis.gov)
EB-2 threshold — addressed
Petitioner qualified for EB-2 as an advanced degree professional based on bachelor's degree in civil engineering plus five years of progressive experience.
Prong 1 — national importancenot established · dispositive
“the Petitioner did not establish that his specific proposed endeavor has national importance”
“the Director concluded that the endeavor's impact would be limited to the company's clients and would not broadly impact the field of construction and home improvement”
“the Petitioner does not provide evidence to demonstrate that the impact to affordable housing, sustainable growth, or the environment would be so significant as to result in substantial positive effects”
“he does not provide specific plans, projections, or calculations in support of his broad claims”
“the Petitioner did not explain how his endeavor would address the labor shortages highlighted in the articles”
AAO decision text
How the evidence was treated
- business plan · discounted
“do not demonstrate the endeavor's significant potential for broad economic impact”
AAO decision text - other · discounted
“the Petitioner did not explain how his endeavor would address the labor shortages highlighted in the articles”
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
- Local, not national scope · p1 — impact confined to clients / a region
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable
AAO adopted and affirmed the Director's decision on national importance under Matter of Burbano while also providing its own independent analysis; declined to reach prong 3 as unnecessary.
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
- 8 C.F.R. 204.5(k)(2)
- Chen v. INS
- Matter of L-A-C-
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