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 Beneficiary sought to continue serving as vice president overseeing business development, content partnerships, and platform growth for a free ad-supported streaming television service owned by the Petitioner.
Field: streaming media / telecommunications business development · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO agreed with Director that Beneficiary qualifies as an advanced degree professional.
Prong 1 — national importanceestablished
“In this way, the Petitioner has shown that the Beneficiary's role with I Iaffects millions of viewers in diverse geographic areas nationally”
“We agree with the Petitioner's assertion on appeal that the Director does not appear to have fully considered the evidence in the record.”
AAO decision text
Prong 2 — well positionedestablished
“We agree with the Petitioner that the Director's decision did not identify any specific deficiencies in the Petitioner's evidence”
“We conclude that the Petitioner has shown that the Beneficiary is well positioned to advance an endeavor that he had already been pursuing for nearly a decade”
AAO decision text
Prong 3 — balance of factorsestablished
“we conclude that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification based on the specific facts of this individual matter.”
AAO decision text
How the evidence was treated
- recommendation letter · credited
- contract revenue · credited
- resume experience · credited
- business plan · credited
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Notable
AAO explicitly faulted the Director for failing to engage with submitted evidence and for conflating the endeavor's importance with the importance of the underlying company/platform; this reversal on all three prongs is relatively rare and the decision provides a clear model of AAO correcting a boilerplate-style denial.
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
What this case teaches
Analyst reading of the decision text.
AAO found Director conflated importance of platform with importance of Beneficiary's role, ignoring evidence directly tying his specific contributions to the platform's nationwide reach and growth.
When endeavor is tied to a company/product, submit direct evidence (contracts, executive letters) linking the individual's specific contributions to the enterprise's national-scale metrics, not just describing the enterprise generally.
moderate
economic_growth_generic · us_competitiveness
mixed
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