dismissedMAY102024_01B52032024-05-10 · 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 telecommunications engineer and electronics specialist, proposed to work as an engineer for large companies such as SpaceX and Boeing, developing broadband networks and producing chips, microchips, and electronic devices to improve access to high-speed internet.

Field: telecommunications engineering / electronics · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found the Petitioner qualified for the underlying EB-2 classification as an advanced degree holder, based on a bachelor's degree plus five years of progressive experience; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

“the Petitioner does not explain how his individual work will effectively address these shortages or trigger an impact at the national importance level”

“the Petitioner has not elaborated on the types of projects he would undertake in his endeavor and thus we cannot conclude that his work would have national implications”

“merely working in an important field or showing that the proposed endeavor is related to STEM is not sufficient to demonstrate that the endeavor itself has national importance”

“the record lacks evidence that any projected U.S. economic impact would be attributable to the Petitioner's proposed endeavor”

“The letter focuses primarily on the telecommunications field rather than on the Petitioner's particular, proposed work”

AAO decision text

How the evidence was treated

recommendation letter · discounted
“the professor's letter does not demonstrate that the Petitioner's specific endeavor has national implications”
AAO decision text
resume experience · discounted
“Evidence of the Petitioner's prior successes as a telecommunications engineer... do not demonstrate the national importance of that endeavor”
AAO decision text
other · discounted
“the Director properly deemed the letters to be relevant indicators of the incongruity between the proposed endeavor and the jobs being offered”
AAO decision text
media · discounted
“merely working in an important field or showing that the proposed endeavor is related to STEM is not sufficient”
AAO decision text

Where this case turned

Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
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

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Notable

AAO adopted and affirmed the Director's decision on national importance rather than conducting fully independent analysis, citing Matter of Burbano and the adopt-and-affirm practice recognized across circuits. Job offer letters submitted for different, lower-level positions (e.g., a telecommunications equipment installer/repairer) were treated as evidence undercutting the credibility of the proposed endeavor.

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-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to describe a concrete, specific endeavor beyond a job title/field, so national importance could not be assessed beyond generic field significance.

Transferable lesson

Define the endeavor with concrete projects/mechanisms and tie evidence directly to that specific work's scale of impact, not just field importance or personal credentials.

Endeavor framing

vague

National-importance theory

economic_job_creation · stem_positive_factor · us_competitiveness · geographic_or_shortage_area

Evidence targeting

person_focused

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