dismissedAUG262020_01B52032020-08-26 · 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.
The petitioner sought to continue and expand his fast food/deli business in southern Florida, including opening additional restaurant locations and a bread factory.
Field: fast food restaurant industry · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the relevant question is not the importance of the industry or profession in which the individual will work”
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his business and its customers to impact or the U.S. economy or food service industry more broadly”
“The Petitioner, however, does not adequately explain how these sales forecasts were calculated.”
“he has not offered sufficient evidence that the area where... operates is economically depressed, that he would employ a significant population of workers in that area”
AAO decision text
How the evidence was treated
- business plan · discounted
“The Petitioner, however, does not adequately explain how these sales forecasts were calculated.”
AAO decision text - funding · discounted
“he has not offered sufficient evidence that the area where... operates is economically depressed”
AAO decision text - contract revenue · discounted
“it does not demonstrate that benefits to the regional or national economy... would reach the level of 'substantial positive economic effects'”
AAO decision text - other · discounted
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his business and its customers”
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
Straightforward entrepreneur/fast-food case; AAO rejects reliance on general articles about immigrant entrepreneurship's macroeconomic benefits as conflating field-level importance with the specific endeavor's importance.
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.
- Poursina v. USCIS
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