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, a marketing manager, sought to grow her own Florida-based companies exporting firearms/ammunition to Brazil and, alternatively, distributing cosmetics, while also asserting she would provide general marketing services to U.S. businesses.
Field: marketing/business development (firearms export and cosmetics distribution) · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“The Petitioner submitted a variety of proposed endeavors thereby leaving substantial uncertainty as to their potential prospective impact.”
“it is not sufficiently clear whether the Petitioner asserts that her proposed endeavor would be of national importance in the firearms industry, the cosmetics industry, or the marketing field generally”
“the Petitioner does not sufficiently explain what U.S. business functions would be impacted by her proposed endeavor”
“leaving question as to the potential national impact of this proposed endeavor on a firearms industry the Petitioner states accounted for $52 billion in revenue”
“the Petitioner's experience and knowledge in and of itself is not relevant to demonstrating national importance”
“the Petitioner has not demonstrated that his proposed endeavor would have a broad influence commensurate with national importance”
AAO decision text
How the evidence was treated
- business plan · discounted
“submitted little explanation and evidence to corroborate these assertions”
AAO decision text - contract revenue · discounted
“leaving question as to the potential national impact of this proposed endeavor on a firearms industry”
AAO decision text - resume experience · discounted
“the Petitioner's experience and knowledge in and of itself is not relevant to demonstrating national importance”
AAO decision text - other · discounted
“it is not clear how such general observations about investing in marketing demonstrate the potential prospective impact”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Local, not national scope · p1 — impact confined to clients / a region
Notable
AAO expressly declined to reach the Director's substantial-merit finding, resolving the case entirely on national importance; petitioner's shifting endeavor across firearms export, cosmetics distribution, and general marketing consulting across the petition, RFE response, and appeal was treated as itself undermining national importance due to resulting ambiguity.
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
- Matter of Ho
- Matter of L-A-C-
- Poursina v. USCIS
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