dismissedMAY072025_04B52032025-05-07 · appeal
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 telecommunications engineer, proposed to align his work with the Broadband Equity, Access, and Deployment (BEAD) program to help bridge the digital divide and boost nationwide connectivity.
Field: telecommunications engineering · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“SCOPS correctly found that the Petitioner's description of his proposed endeavor was too ill-defined and vague to establish his eligibility under the Dhanasar prongs.”
“this generalized description of his endeavor still lacks specificity regarding what the Petitioner is actually proposing to do within this broad objective”
“simply working in an important field without showing the potential prospective impact of the endeavor itself is insufficient to establish its national importance.”
“Without a clear description of the proposed endeavor and a baseline understanding of the specific activities that the Petitioner intends to do, there can be no meaningful analysis”
AAO decision text
Prong 2 — well positionednot established
“as he has not specifically articulated what is endeavor actually entails, including how he plans to accomplish it, he has not demonstrated that he is well positioned to advance the proposed endeavor”
AAO decision text
Prong 3 — balance of factorsnot established
“he has not demonstrated that he is well positioned to advance the proposed endeavor and that, on balance, it would be beneficial to the United States to waive the job offer requirements”
AAO decision text
How the evidence was treated
- other · discounted
“provided little additional information to cure this deficiency”
AAO decision text - recommendation letter · discounted
“provided little additional information to cure this deficiency”
AAO decision text - business plan · discounted
“provided little additional information to cure this deficiency”
AAO decision text - resume experience · discounted
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Endeavor too vague · p2 — described as a job role, not a defined undertaking
- Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground
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Notable
Petitioner raised an 'Accardi doctrine' procedural argument claiming SCOPS failed to substantively analyze the record; AAO rejected this and adopted/affirmed the SCOPS decision under Matter of Burbano. AAO also declined to consider new endeavor description raised for first time on appeal per Matter of M-F-O-.
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
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