dismissedAPR022024_06B52032024-04-02 · 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, a marketing professional, proposed to establish a marketing consultancy in Florida (with later branches in California and Texas) advising small- and medium-sized U.S. businesses on marketing strategy, product development, and pricing.
Field: marketing consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO agreed with the Director that the Petitioner qualifies as an advanced degree professional based on an equivalency evaluation and five years' progressive marketing experience.
Prong 1 — national importancenot established · dispositive
“The record, however, lacks sufficient evidence to support the Petitioner's claims.”
“The Petitioner's arguments support the marketing field's national importance. But they do not demonstrate the national importance of her particular proposed endeavor.”
“she has not demonstrated that her venture would impact the national economy or the marketing field "more broadly."”
“But the record lacks sufficient evidence of the areas' economic distress or how the Petitioner's business would benefit them.”
AAO decision text
How the evidence was treated
- business plan · discounted
“does not demonstrate that the enterprise would substantially boost the national economy”
AAO decision text - recommendation letter · discounted
“does not demonstrate that her proposed endeavor has national importance”
AAO decision text - degree · credited
- resume experience · credited
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds →
Notable
AAO expressly declines to reach prongs 2 and 3, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that agencies need not make advisory findings once the outcome is determined.
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. 204.5(k)(2)
- Matter of L-A-C-
- USCIS Policy Manual F.5(D)(1)
Cases in adjacent profiles
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers