The Petitioner proposed to develop AI-driven virtual reality tools and an adaptive AI-coach to modernize pilot training and provide decision support for aviation mechanics, aiming to transform the aerospace industry as a CEO/CTO of his own venture.

Prong 1 — national importanceestablished

“The Petitioner has sufficiently demonstrated by a preponderance of the evidence the national importance of his proposed endeavor.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“The record does not establish that the Petitioner has a record of success in efforts related or similar to his proposed endeavor as a chief executive officer/chief technology officer.”

“While the letters gave general praise, they were not sufficiently detailed regarding the Petitioner's past work in the field to allow for projections of his future work in the field within the United States.”

“The figure of $2,000,000 is unsupported in the record.”

“This expert did not commit to purchasing a product, but rather expressed openness to evaluating future products.”

“The Petitioner's resume does not reflect any supervisory or managerial experience, yet his proposed endeavor anticipates hiring at least 12 employees within the first five years.”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “they do not provide sufficiently specific information to show by a preponderance that the Petitioner is well-positioned”

  AAO decision text
• business plan · discounted

  “The unsupported assertions of the Petitioner are not evidence.”

  AAO decision text
• resume experience · discounted

  “The Petitioner's resume does not reflect any supervisory or managerial experience”

  AAO decision text
• degree · discounted

  “the Petitioner has no managerial experience and no experience as a chief executive or chief technology officer”

  AAO decision text
• motion resubmission · ignored

  “we will not consider it for the first time on appeal”

  AAO decision text

Where this case turned

• Business plan speculative · p2 — projections without a documented basis or steps
• Funding absent · p2 — no documented funding or resources behind the plan
• Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
• Record of success insufficient · p2 — a claimed track record the documents do not establish

Notable

AAO withdrew the Director's national-importance finding under prong 1, and criticized the Director's application of an 'original contributions' standard as potentially inconsistent with Dhanasar, but still dismissed the appeal solely on prong 2 grounds. AAO also declined to consider new evidence (including post-decision expert letters and an Executive Order) submitted for the first time on appeal, citing Matter of Furtado.

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
• Matter of L-A-C-

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