Heating, Ventilation, And Air Conditioning (HVAC) Entrepreneur

The petitioner proposes to own and operate an LLC in Orlando, Florida, specializing in the installation, repair, and maintenance of HVAC and Smart Home systems. The business aims to serve restaurants, hospitality, and real property management sectors, with plans to expand into economically depressed areas of Florida. The work focuses on technical administration, personnel training, and promoting air quality and health through modern climate control technologies.

The motions to reopen and reconsider were dismissed because the petitioner failed to present new facts supported by documentary evidence for the motion to reopen, and did not provide reasons or cite precedent to establish that the prior decision was based on an incorrect application of law or policy for the motion to reconsider. The petitioner's evidence of 18 years of full-time experience as an electrician was not considered new evidence pertaining to the latest decision dismissing the prior motion.

The petitioner proposes to work as an entrepreneur in the field of janitorial services. The petition does not detail specific methodologies, real-world applications, or intended impact of the janitorial services endeavor itself beyond the general field.

The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification as an individual of exceptional ability. Although the Director determined the petitioner met three initial criteria (official academic record, ten years of full-time experience, and a license to practice), the final merits determination concluded the petitioner did not possess a degree of expertise significantly above that ordinarily encountered in the aviation field. The AAO affirmed this finding, noting that general assertions and a Pilot Proficiency Award did not sufficiently substantiate exceptional ability.