dismissedAUG062024_03B52032024-08-06 · 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.
Petitioner, a travel agency owner with 18 years of industry experience, sought to operate a U.S.-based tourism business advising Brazilian travelers, providing consulting to small businesses/non-profits, and engaging in vacation-home rental/construction activities.
Field: travel and tourism · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“she did not establish that the proposed endeavor is of national importance”
“the Petitioner relies primarily on the importance of the travel and tourism industry to the U.S. economy. However, this misapplies the Dhanasar framework.”
“her endeavor does not include any specific plans or demonstrate that the benefits to the regional or national economy resulting from her endeavor would reach the level of "substantial positive economic effects"”
“Generalized conclusory statements that do not identify a specific impact to the field have little probative value.”
“The Petitioner has not provided corroborating evidence... that her business's activities stand to provide substantial economic benefits to the region of Georgia or the United States”
AAO decision text
How the evidence was treated
- business plan · discounted
“her endeavor does not include any specific plans or demonstrate that the benefits... would reach the level of "substantial positive economic effects"”
AAO decision text - other · discounted
“Generalized conclusory statements that do not identify a specific impact to the field have little probative value.”
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
- 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
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Notable
Petitioner argued a prior I-140 decision had acknowledged national importance evidence; AAO rejected this via Matter of Church Scientology Int'l, noting it is not bound by potentially erroneous prior determinations.
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.
- Flores v. Garland
- Matter of L-A-C-
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