dismissedMAR252025_08B52032025-03-25 · 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.

The Petitioner, an integrated circuit design engineer specializing in semiconductors, proposed to continue working in the U.S. semiconductor engineering field.

Field: integrated circuit design / semiconductors · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found EB-2 advanced degree classification established; AAO noted the foreign degree equivalency was not sufficiently documented but reserved the issue since NIW eligibility was not otherwise met.

Prong 1 — national importancenot established · dispositive

“It is insufficient to claim an endeavor has national importance or will create a broad impact without providing evidence to corroborate such claims.”

“Although his work may be in an important field, the Petitioner must still establish his specific proposed endeavor has national importance as it is presented in the Dhanasar framework.”

“Here, the Petitioner improperly relies upon the importance of the industry to establish the national importance of his proposed endeavor.”

“However, a shortage of qualified professionals does not render the work of an individual nationally important under the Dhanasar decision.”

“Moreover, shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process.”

AAO decision text

How the evidence was treated

degree · discounted
“the record does not contain sufficient documentation to evaluate the equivalency of the foreign degree to a U.S. advanced degree”
AAO decision text
other · discounted
“without sufficient documentary evidence of the specific proposed endeavor's broader impact on the industry”
AAO decision text

Where this case turned

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
Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar

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Notable

AAO reserved the threshold EB-2 classification/degree-equivalency issue rather than resolving it, since the NIW failure was dispositive; cites Flores v. Garland on discretionary nature of NIW grants.

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)
Flores v. Garland
INA 203(b)(2)

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