dismissedSEP152021_04B52032021-09-15 · 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.
A project engineer at a private engineering firm, with a Ph.D. in engineering, proposed to continue research on level of service, traffic capacity, and climate-change vulnerability of critical transportation infrastructure.
Field: traffic and transportation engineering · Read the decision (uscis.gov)
EB-2 threshold — addressed
Petitioner qualified as an advanced degree professional based on his Ph.D. in engineering.
Prong 1 — national importancenot established · dispositive
“we conclude that the evidence is insufficient to support a finding that the endeavor has national importance”
“the Petitioner has not sufficiently described his proposed endeavor such that national importance has been established”
“the relevant question is not the importance of the industry or profession in which the individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes to undertake."”
AAO decision text
Prong 2 — well positionednot established · dispositive
“we conclude that these letters are of limited probative value in this matter”
“we conclude that this funding has little relevance to the Petitioner's ability to carry out the proposed endeavor”
“he has not provided a sufficient model or plan for future activities, which inhibits our examination of the progress he has made”
“Although the Petitioner has published research and obtained an advanced degree in his field, these factors alone are insufficient to establish that he is well positioned to advance his endeavor”
“the record nevertheless does not support a finding that the Petitioner's work in his current position has had a broad impact on the field”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“some of the authors mischaracterized how others cite the Petitioner's work”
AAO decision text - citations publications · discounted
“does not support a finding that the Petitioner's work in his current position has had a broad impact on the field”
AAO decision text - funding · discounted
“this funding has little relevance to the Petitioner's ability to carry out the proposed endeavor”
AAO decision text - degree · credited
- resume experience · discounted
“these factors alone are insufficient to establish that he is well positioned to advance his endeavor”
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
- Citations insufficient · p2 — citation counts without qualitative account of impact
- Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
- Funding absent · p2 — no documented funding or resources behind the plan
- 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
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Notable
AAO withdrew the Director's favorable finding on national importance sua sponte, finding the endeavor itself (research vs. engineering duties) insufficiently described; both prong 1 and prong 2 failures independently supported dismissal, and prong 3 was not reached.
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)
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Matter of Katigbak
- Matter of Otiende
- Poursina v. USCIS
- Section 291 of the Act
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