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 a shifting mix of activities including operating her own international trade consulting business (G-), seeking employment with any U.S. company needing business administration/management skills, real estate remodeling through a partly-owned company (S-), teaching, and translation/interpretation work.
Field: international trade consulting / business operations · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director determined she qualifies for EB-2 as an advanced degree professional; not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“We first conclude that the Petitioner has presented insufficient and inconsistent evidence regarding the nature of the occupation in which she is seeks employment in the petition, and the proposed endeavor that she intends to pursue.”
“While the Petitioner offers material that collectively presents a range of diverse activities that she might prospectively focus on ... she does not sufficiently describe the specific prospective occupation or proposed endeavor that she will focus on”
“the record does not offer evidence sufficient to translate how her specific work stands to sufficiently impact U.S. interests or the relevant commercial trade industries more broadly at a level commensurate with national importance.”
AAO decision text
How the evidence was treated
- business plan · discounted
“she does not sufficiently describe the specific prospective occupation or proposed endeavor that she will focus on”
AAO decision text - other · discounted
“she does not further delineate the specific role she will play within this company's business operations.”
AAO decision text - resume experience · discounted
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
- national importance unestablished · p1 — national importance asserted without a record that reaches it
Notable
The Petitioner's proposed endeavor shifted repeatedly across the ETA-750, initial petition, RFE response, and appeal (international trade consulting, general employment, real estate remodeling, teaching, translation), which the AAO treated as fatal inconsistency/vagueness under prong 1 rather than reaching prongs 2 or 3. AAO also invoked adopt-and-affirm doctrine citing Burbano/Giday/Chen.
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
- Chen v. INS
- Matter of Ho
- Matter of L-A-C-
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Petitioner failed to identify a single, consistent, specific proposed endeavor despite an RFE request, making it impossible to assess national importance under prong one.
Commit to one clearly defined endeavor early and consistently, with concrete evidence of scope and impact, rather than listing multiple possible business activities.
vague
economic_growth_generic · us_competitiveness
mixed
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