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 work as an independent business consultant and owner of a long-distance freight trucking and logistics company in the United States, helping small and medium-sized enterprises improve productivity while generating revenue and employment.
Field: commercial freight trucking / transportation logistics · Read the decision (uscis.gov)
EB-2 threshold — addressed
The record reflects that the Petitioner qualifies as a member of the professions holding an advanced degree; this was not disputed.
Prong 1 — national importancenot established · dispositive
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his company to impact the commercial trucking and long-distance commercial freight trucking industries more broadly at a level commensurate with national importance”
“the Petitioner's business plan does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized”
“the letter provides an overly vague recitation of the Petitioner's reputation and abilities, and does not provide a basis for his conclusory assertions”
“he has not offered sufficient evidence that the area where the company 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
“does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized”
AAO decision text - recommendation letter · discounted
“provides an overly vague recitation of the Petitioner's reputation and abilities, and does not provide a basis for his conclusory assertions”
AAO decision text - other · discounted
“do not refer to the Petitioner, the company he founded, or the specific endeavor he proposes to undertake”
AAO decision text - resume experience · discounted
“repeats much of the information the Petitioner already provided in his resume without adding sufficient independent analysis”
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
- 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
This was a revocation-on-notice case (NOIR) rather than an initial denial: the petition was first approved by the Director and later revoked before the appeal. The AAO also flagged an unresolved material inconsistency regarding claimed Brazilian/Latin American business ties that did not match the Petitioner's Kazakhstani background, citing Matter of Ho on unresolved inconsistencies, though this was not the dispositive basis for denial.
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.
- Matter of Ho
- Matter of L-A-C-
- Section 291 of the Act
Cases in adjacent profiles
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers