dismissedSEP242024_10B52032024-09-24 · 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 sought to develop thermal performance models and thermal management designs for sustainable, cost-effective, energy-efficient electronic cooling solutions (data centers, cloud computing, telecommunications, semiconductors, consumer electronics), pursued through employment as a technical project manager at a company such as Amazon AWS.

Field: mechanical engineering / thermal management for electronic cooling · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO agreed, Petitioner qualifies as an advanced degree professional based on foreign equivalent of a Ph.D. in mechanical engineering.

Prong 1 — national importancenot established · dispositive

“The record here does not provide sufficient detail about how the Petitioner's research, completed through this prospective employment, has the potential to have a broad impact that reaches beyond the Petitioner's prospective employer.”

“the Petitioner does not sufficiently explain why he specifically seeks the position of a "technical project manager," or the duties of this position as the Petitioner understands them”

“we conclude that the specific way in which the Petitioner intends to implement the proposed endeavor is material to assess its potential prospective impact, and that the record lacks sufficient detail to show that it rises to the level of national importance.”

AAO decision text

Where this case turned

Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
Endeavor too vague · p1 — described as a job role, not a defined undertaking
Local, not national scope · p1 — impact confined to clients / a region

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Notable

AAO agreed Director correctly found substantial merit and prong 2 (well-positioned) satisfied, but reversed course only on national importance, distinguishing between the endeavor and the employment used to pursue it; emphasized that whether research results are disseminated publicly versus kept as private company R&D affects national importance analysis.

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
INA 203(b)(2)
Matter of L-A-C-

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