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, who claims a background in marketing, economics, and business ownership in Kazakhstan, proposed to operate a freight trucking business offering services to customers across the United States.
Field: freight trucking / business and economics · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO withdrew the Director's finding that the Petitioner qualified as an advanced degree professional, citing unauthenticated/untranslated foreign academic records, an unreliable credential evaluation (G-) that conflicted with independent accreditation data, absence of employer letters showing five years of progressive specialty experience, and material inconsistencies between the Petitioner's work history as stated in the petition versus his DS-160 nonimmigrant visa application and ETA-750 Part B.
Prong 1 — national importancenot established
“he has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance”
“the record in this matter does not demonstrate that the Petitioner's proposed endeavor stands to sufficiently extend beyond his future employer(s) and clients such that it would impact U.S. interests or the financial industry more broadly”
“he has not demonstrated that his specific proposed endeavor has significant potential to employ U.S. workers or otherwise offer substantial positive economic effects for our nation”
AAO decision text
How the evidence was treated
- degree · discounted
“the conclusory determinations reached by G- lack specificity and detail and are not supported by independent, objective evidence”
AAO decision text - resume experience · discounted
“The Petitioner has not submitted evidence, such as letters from current or former employer(s), to establish that he possessed at least five years of progressive post-baccalaureate experience”
AAO decision text - business plan · discounted
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
- Local, not national scope · p1 — impact confined to clients / a region
Notable
The AAO identified significant, previously unaddressed inconsistencies between the Petitioner's claimed work history in the petition (freight trucking industry executive) and his sworn statements in a DOS nonimmigrant visa application and ETA-750 Part B (marketing, banking, burger business ownership), raising credibility concerns under Matter of Ho. Despite agreeing with the Director that Dhanasar prong one (national importance) was not met, the AAO remanded rather than dismissing, because the threshold EB-2 classification issue (degree equivalency and work experience) was unresolved and required further Director review, including possible RFE for certified translations and employer letters.
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)
- 8 C.F.R. 103.2(b)(3)
- 8 C.F.R. 204.5(g)(1)
- 8 C.F.R. 204.5(k)(2)
- Matter of Ho
- Poursina v. USCIS
- Section 291 of the Act
What this case teaches
Analyst reading of the decision text.
Threshold EB-2 eligibility unresolved (unverified foreign degree equivalency, unauthenticated translations, and materially inconsistent work-history evidence) required remand; separately, national importance was unmet because impact was not shown beyond employer/clients.
Resolve all credential/work-history inconsistencies with objective evidence, and explicitly quantify how the endeavor's impact extends beyond one's own business or clients to a national scale.
vague
economic_job_creation · economic_growth_generic
person_focused
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