The petitioner, a civil engineer, proposed to develop and disseminate innovative thermal-curing concrete solutions for use in wet and flood-prone construction environments, partnering with U.S. firms and academic institutions.

Prong 1 — national importancenot established

“The record does not establish that the Petitioner's proposed endeavor has broader implications to the field of construction beyond the companies he will partner with or that it has significant potential to employ U.S. workers or other substantial positive economic effects, commensurate with national importance as contemplated by Dhanasar.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“Upon review of the record, we agree with SCOPS that a license is required for the proposed endeavor.”

“it does not establish that his bachelor's degree alone is sufficient to demonstrate that he is well positioned to advance his proposed endeavor”

“the letters contain conclusory statements or characterizations about the Petitioner and his work that are not sufficiently supported by specifics in the letters themselves”

“the record does not include sufficient evidence regarding the Petitioner's model or plan for future activities and any progress towards achieving the proposed endeavor”

“While we acknowledge these letters of interest, they contain unsubstantiated claims.”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “the letters contain conclusory statements or characterizations about the Petitioner and his work that are not sufficiently supported by specifics”

  AAO decision text
• business plan · discounted

  “While we acknowledge these letters of interest, they contain unsubstantiated claims.”

  AAO decision text
• degree · discounted

  “it does not establish that his bachelor's degree alone is sufficient to demonstrate that he is well positioned to advance his proposed endeavor”

  AAO decision text
• resume experience · discounted

  “sufficient to show his eligibility for the underlying immigrant classification and is sufficient to show a plan for continued employment in the field, it does not establish...well positioned”

  AAO decision text
• certification membership · discounted

  “we agree with SCOPS that a license is required for the proposed endeavor.”

  AAO decision text

Where this case turned

• Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
• Local, not national scope · p1 — impact confined to clients / a region
• NEW license requirement not met · p2
• Business plan speculative · p2 — projections without a documented basis or steps
• Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
• Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
• No progress evidence · p2 — no documented movement toward the endeavor since filing

Notable

The AAO expressed disagreement with SCOPS' unexplained finding that national importance was met, but expressly reserved that issue as non-dispositive, instructing the petitioner to address it in any future filing. The dispositive issue was a licensure requirement: the AAO found the petitioner's proposed civil-engineering services would be provided directly to the public, requiring a U.S. license he did not hold or show his prospective partners held.

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
• Matter of L-A-C-
• USCIS Policy Manual F.5(D)(1)

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