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 structural engineer, initially proposed working as a structural engineering researcher through a staffing agency, but later described the endeavor as serving as an associate professor and consulting engineer.
Field: structural engineering · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found the Petitioner qualified as an advanced degree professional; this was not contested on appeal.
Prong 1 — national importancenot established · dispositive
“the evidence of record does not support that the [P]etitioner's proposed endeavor has national importance.”
“the proposed endeavor materially changed after the time of filing.”
“A petitioner may not make material changes to a petition in an effort to make a deficient petition conform to USCIS requirements.”
AAO decision text
Where this case turned
- NEW national importance not established · p1
- Material change of endeavor · p1 — the endeavor described on appeal is not the one filed
Notable
The Director's decision contained an internally inconsistent paragraph stating that research in structural engineering was of national importance, which the AAO expressly withdrew as unsupported by the record and inconsistent with the Director's repeated contrary conclusions. The AAO also found the proposed endeavor materially changed between filing (staffing-agency researcher) and the RFE response (professor/consulting engineer), invoking Matter of Izummi and Matter of Michelin Tire Corp. to bar reliance on the new facts.
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. 103.2(b)(1)
- Matter of Izummi
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