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 proposes to operate a human resources consultancy business providing training programs, leadership coaching, diversity and inclusion initiatives, and workforce development services to corporate, academic, and community clients across the United States. She describes a scalable, methodology-based model aimed at reducing employee turnover and strengthening human capital nationwide.
Field: employee training and development / human resources consultancy · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO found the academic credential evaluation questionable and EDGE data undermined equivalency of the 'magister en communication estrategica' degree to a U.S. master's degree, and noted the corporate communications degree lacked a transcript. However, because the Petitioner had not received prior notice on these issues, the AAO reserved the EB-2 classification question for future proceedings rather than denying on that basis.
Prong 1 — national importancenot established · dispositive
“the information that the Petitioner has provided concerning her proposed endeavor conveys a plan to further develop the concept of her endeavor.”
“She does not, however, provide any details beyond the generic phraseology describing the 'design, methodology, and delivery model' she intends to deploy through her business”
“An entrepreneur cannot demonstrate national importance under the first prong solely by opening a consulting firm for those working or seeking to work in a nationally important occupation.”
“the business plan does not explain how these figures were calculated or adequately clarify how the projections depicted will be realized.”
“it is not the overall importance of the industry, field, or profession in which an individual intends to work, but the particular endeavor on which an individual intends to embark that we consider”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“letters of recommendation from individuals familiar with her work which laud her character and professional skills, describing her as responsible, proactive, communicative, and collaborative”
AAO decision text - business plan · discounted
“the business plan does not explain how these figures were calculated or adequately clarify how the projections depicted will be realized.”
AAO decision text - other · discounted
“these agreements signify openness to collaboration with the Petitioner, they do not specify what services the Petitioner will offer or otherwise clarify her proposed endeavor.”
AAO decision text - other · discounted
“it is not clear, however, how this evidence of business activity demonstrates the prospective potential impact of her proposed endeavor”
AAO decision text - degree · discounted
“EDGE does not indicate that 'magister' degree equates to a U.S. master's degree.”
AAO decision text
All 6 evidence items
- other · discounted
“this documentation contains information about the Petitioner's talents and the field in which she intends to work, it does not illustrate how the Petitioner's endeavor to offer consulting services would impact employee training and development practices or employment retention more broadly.”
AAO decision text
Where this case turned
- Business plan speculative · p1 — projections without a documented basis or steps
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- 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
Notable
The AAO identified serious concerns about the Petitioner's EB-2 threshold qualification — specifically that the 'magister en communication estrategica' degree from Ecuador may not equate to a U.S. master's degree per AACRAO EDGE, and that the corporate communications degree from Spain lacked a transcript — but declined to deny on that basis because the Petitioner had not received prior notice to address those issues, reserving the question for future proceedings. The decision thus dismissed solely on Prong 1 (national importance) without reaching Prongs 2 or 3. The AAO also noted that SCOPS had incorrectly found the EB-2 threshold met, correcting that finding on review while still reserving it procedurally.
What this case teaches
Analyst reading of the decision text.
Petitioner failed to define a concrete endeavor or methodology, relying on generic claims about workforce/economy importance rather than demonstrating specific, scaled prospective impact required for national importance.
Define the endeavor with a specific, evidenced methodology and quantify its projected scale/impact with objective support, not generic industry-importance rhetoric.
vague
economic_job_creation · economic_growth_generic · field_advancement
person_focused
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