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, CEO of a damage remediation company, proposed to expand the business into fire protection and sprinkler design, installation, and inspection services, serving general contractors, architects, developers, and property owners.
Field: fire protection and sprinkler services / damage remediation · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found Petitioner qualifies as an advanced degree professional; this was not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“the record does not establish that his proposed endeavor has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation”
“he has not established that they stand to provide substantial economic benefits to Florida or the United States”
“The Petitioner has not adequately established how his ownership of a company, even one that he claims provides services that are "in line with national initiatives," satisfies the national importance prong”
“Neither letter, however, establishes the national importance of the proposed endeavor.”
“we find the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his clients and their projects to impact the industry more broadly”
AAO decision text
How the evidence was treated
- business plan · discounted
“he has not established that they stand to provide substantial economic benefits to Florida or the United States”
AAO decision text - recommendation letter · discounted
“Neither letter, however, establishes the national importance of the proposed endeavor.”
AAO decision text - other · discounted
“it does not demonstrate the national importance of the Petitioner's planned business”
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 conclusory · p1 — letters praise skills in general terms without tracing specific impact
- Local, not national scope · p1 — impact confined to clients / a region
Notable
AAO adopts and affirms the Director's decision under Matter of P. Singh/Burbano framework rather than conducting fully independent analysis, while still framing dismissal as an independent alternate basis; explicitly declines to reach prongs 2 and 3 as unnecessary.
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.
- Chen v. INS
- Matter of L-A-C-
- Poursina v. USCIS
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