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 proposed to open and operate a supermarket in Florida that would distribute food products, including imports from Brazil, Latin America, and Europe, with plans to expand to additional Florida cities and create jobs.
Field: business/food distribution (supermarket) · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO found the Director erred; translation certifications were acceptable and Petitioner qualified as an advanced degree professional based on foreign bachelor's equivalent plus five years progressive experience; exceptional ability prong not reached.
Prong 1 — national importancenot established · dispositive
“the Petitioner has not provided sufficient information and evidence to demonstrate the benefit of opening a supermarket in Florida ... has broader implications in the food distribution industry in the United States or globally”
“the Petitioner's general assertions regarding the contributions his proposed endeavor will make to the food supply chain and national economy, and the unsupported projections in his business plan, are insufficient”
“the relevant question is not the importance of the industry or profession in which the individual will work”
“the Petitioner does not establish that the revenue or number of jobs created by his proposed endeavor initially, or over a five-year period, would result in substantial positive economic effects”
AAO decision text
How the evidence was treated
- business plan · discounted
“unsupported projections in his business plan, are insufficient to demonstrate his proposed endeavor is nationally important”
AAO decision text - recommendation letter · discounted
“generally speak to the Petitioner's character and business experience, and the importance of immigration and entrepreneurship”
AAO decision text - degree · credited
- resume experience · credited
- other · discounted
“addresses the importance of the Brazilian economy and the Petitioner's background and experience”
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
Notable
AAO reversed the Director's threshold EB-2 finding, concluding translator certifications were in fact sufficient, but still dismissed the appeal on prong 1 national importance grounds, declining to reach prongs 2 and 3.
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. 103.3
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(iii)
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
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