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, an entrepreneur, initially proposed to provide business consulting, strategic planning, and financial advisory services to U.S. companies, but later shifted his stated endeavor to owning and operating his own company distributing biodegradable cleaning products and services in the U.S.
Field: international business / entrepreneurship (later, biodegradable cleaning products distribution) · Read the decision (uscis.gov)
EB-2 threshold — addressed
The record indicates that the Petitioner qualifies as a member of the professions holding an advanced degree.
Prong 1 — national importancenot established · dispositive
“Here, the nature of the Petitioner's proposed endeavor is unclear.”
“he does not sufficiently explain how his revised plan has national importance, rather than primarily benefiting his own company and its clients.”
“he has not offered sufficient information and evidence to demonstrate that the prospective impact of either endeavor rises to the level of national importance.”
“The business plan does not sufficiently detail the basis for its financial and staffing projections, nor does it adequately explain how these projections will be realized.”
“Therefore, since we are unable to specifically identify the Petitioner's proposed endeavor, we are likewise unable to evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement.”
AAO decision text
How the evidence was treated
- business plan · discounted
“The business plan does not sufficiently detail the basis for its financial and staffing projections, nor does it adequately explain how these projections will be realized.”
AAO decision text - contract revenue · discounted
“it does not demonstrate that the benefits to the regional or national economy resulting from his undertaking would reach the level of "substantial positive economic effects"”
AAO decision text - recommendation letter · ignored
- other · credited
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
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
Notable
The AAO treated the Petitioner's post-filing purchase of a cleaning products company and shift from consulting to product distribution as an impermissible material change to the petition, citing Izummi and Katigbak, rather than merely weighing it as insufficient evidence.
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. 103.2(b)(1)
- INA 203(b)(2)
- INA 291
- Matter of E-M-
- Matter of Izummi
- Matter of Katigbak
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- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
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