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 Venezuelan-trained attorney, proposed to operate a family-branded venture promoting family values, social responsibility, volunteerism, and related education/media activities (books, online courses, TV/radio shows, counseling) in the United States.
Field: social responsibility / law · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO used AACRAO EDGE database to find the Venezuelan professional title of attorney degree equivalent to a U.S. J.D., confirming advanced degree eligibility despite lack of transcripts/evaluation.
Prong 1 — national importancenot established · dispositive
“the Petitioner initially provided a very broad and vague description of his proposed endeavor”
“the impacts of his coaching and other volunteer activities did not go beyond his local community”
“the business plan for did not provide projections for revenue or job creation, limiting its quantifiable goals to social media followers and subscribers”
AAO decision text
Prong 2 — well positionednot established
“the record does not include evidence indicating that the Petitioner has experience as an entrepreneur, or as an educator or (non-legal) counselor”
“the record lacks evidence which would show a record of success in this type of education”
“the record does not demonstrate by a preponderance of the evidence that he is well positioned to advance his endeavor”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“the reference letters submitted primarily focus on the Petitioner's previous activities... and the record lacks sufficient documentary evidence showing the potential broader impact”
AAO decision text - business plan · discounted
“did not provide projections for revenue or job creation, limiting its quantifiable goals to social media followers and subscribers”
AAO decision text - degree · credited
- resume experience · discounted
“as the Petitioner's proposed endeavor does not include providing legal services, he has not shown that this education and experience has bearing”
AAO decision text - motion resubmission · discounted
“he does not provide a citation and the record does not include any evidence regarding this petition”
AAO decision text
All 6 evidence items
- other · discounted
“the Petitioner's social media figures and statistics presented in the evidence are not supported by evidence showing that they reflect a sufficient level of interest”
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
- Business plan speculative · p2 — projections without a documented basis or steps
- Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
- Record of success insufficient · p2 — a claimed track record the documents do not establish
Notable
AAO independently consulted the AACRAO EDGE database to determine foreign degree equivalency absent an academic evaluation. Petitioner cited a prior non-precedent AAO decision (Matter of E-C-H-) which AAO distinguished in detail, contrasting the breadth/vagueness of the instant endeavor with the well-documented national importance in that case.
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(c)
- 8 C.F.R. 204.5(k)(2)
- Poursina v. USCIS
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