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 sought to start a company providing consulting, training, and education to individuals and organizations on financial compliance and sound financial strategy.
Field: finance/business/management consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found Petitioner eligible for EB-2 as advanced degree professional; not contested on appeal.
Prong 1 — national importancenot established · dispositive
“they did not in any way speak to the Petitioner's proposed endeavor”
“simply aligning with the government's priorities is not alone sufficient to meet the first prong's national importance requirement”
“The business plan did not provide evidence for the number of employees he will hire at the end of five years, and the revenue projection appeared overly optimistic”
“The Petitioner does not establish why his attempts to extrapolate the entirety of the national financial training and consulting services industry to what might occur within his small business is a persuasive argument”
“The Petitioner did not demonstrate the endeavor's benefits would extend beyond the area in which it would operate or its clients”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“their content did not illustrate how the proposed endeavor was of national importance”
AAO decision text - other · discounted
“it failed to discuss the endeavor's business plan, the endeavor itself, the endeavor's prospective substantial economic impact”
AAO decision text - citations publications · discounted
“they did not establish how the Petitioner's specific proposed endeavor stands to impact the broader field”
AAO decision text - business plan · discounted
“the revenue projection appeared overly optimistic at the end of that same five-year period without providing a basis for the projections”
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
- Letters not independent · p1 — letters come from employers and close collaborators, not independent experts
- Local, not national scope · p1 — impact confined to clients / a region
Notable
AAO applies a waiver doctrine borrowed from BIA case law (Matter of Garcia, Matter of O-R-E-) to find the petitioner waived several arguments on appeal by failing to meaningfully contest the Director's findings; dismissal is framed with multiple independent and alternative bases within prong 1 alone.
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 O-R-E-
- Matter of R-A-M-
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