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 proposed to work in the United States as an industrial maintenance expert, providing electrical, hydraulic, and industrial maintenance services, including training, lectures, and workshops for other professionals.
Field: industrial maintenance (electrical, hydraulic, industrial maintenance) · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found, and AAO agreed, Petitioner is eligible for EB-2 as an individual of exceptional ability; this was not contested on appeal.
Prong 1 — national importancenot established · dispositive
“The Petitioner has not shown how his proposed endeavor to work as an industrial maintenance expert...would make a significant impact on the industrial maintenance field more broadly rather than benefiting his employers or clients.”
“While the industry reports and articles highlight talent shortages in the maintenance industry and in the manufacturing field...a shortage of qualified professionals alone is not sufficient to demonstrate eligibility for the national interest waiver.”
“Nor has the Petitioner demonstrated that any increase in his employer's or clients' revenue attributable to his services as an industrial maintenance expert stands to substantially affect economic activity regionally or nationally.”
“The 2022 national strategy for advanced manufacturing indicates the importance of advanced manufacturing for the U.S. economy...But...the Petitioner has not sufficiently demonstrated how his proposed endeavor as an industrial maintenance expert will help grow the economy, create quality jobs, enhance environmental sustainability, address climate change, strengthen supply chains, ensure national security, or improve healthcare.”
“in determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work.”
AAO decision text
How the evidence was treated
- resume experience · discounted
“the Petitioner's education, training, work experience, and professional achievements are relevant under the second prong of Dhanasar”
AAO decision text - recommendation letter · ignored
- certification membership · ignored
- business plan · discounted
“the record does not sufficiently demonstrate that his teaching or instructional activities offer benefits that extend beyond his students or attendees”
AAO decision text - other · discounted
“the relevant question is not the importance of the industry or profession in which the individual will work”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Local, not national scope · p1 — impact confined to clients / a region
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
Notable
AAO expressly declined to reach prongs 2 and 3 after finding prong 1 dispositive, despite the Director having found both merit/substantial-merit and prong-2 well-positioned satisfied below; AAO also faulted Petitioner's appeal brief for failing to identify specific factual/legal errors in the Director's decision.
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-
What this case teaches
Analyst reading of the decision text.
Petitioner failed to show his specific endeavor (vs. the industry generally) would have impacts beyond his employer/clients, so national importance under prong one was unmet.
Tie evidence directly to how the specific proposed endeavor—not the profession or industry generally—produces measurable, broader-than-employer national-scale impact.
vague
economic_job_creation · economic_growth_generic · geographic_or_shortage_area · field_advancement · government_interest
person_focused
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