The Petitioner sought to open a headhunting business in the U.S. financial and insurance sectors, applying his experience recruiting in the Brazilian insurance industry to serve companies in Florida and New York.

Prong 1 — national importancenot established · dispositive

“However, the record lacks sufficient evidence to support these projections.”

“the record does not demonstrate that these benefits to the regional or national economy resulting from the Petitioner's undertaking reach the level of "substantial positive economic effects" contemplated by Dhanasar.”

“he has not provided evidence demonstrating that his proposed business activities would operate on such a scale as to rise to a level of national importance.”

“It is insufficient to claim an endeavor has national importance or would create a broad impact without providing evidence to substantiate such claims.”

“the creation of a proposed endeavor in an area that is adjacent to the subject of national initiatives is not sufficient, in and of itself, to establish the national importance of that endeavor.”

AAO decision text

How the evidence was treated

• business plan · discounted

  “the record lacks sufficient evidence to support these projections”

  AAO decision text
• other · discounted

  “This National Security Strategy does not specifically show the government's interest in the Petitioner's proposed endeavor or similar endeavors.”

  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
• Local, not national scope · p1 — impact confined to clients / a region

Notable

AAO withdrew the Director's finding on substantial merit (crediting Forbes/CNBC articles on hiring challenges and labor productivity) but still found national importance unmet, illustrating that merit and national importance are separable determinations within prong 1. Underlying EB-2 classification issue was deemed waived on appeal for lack of challenge.

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
• Flores v. Garland
• Matter of L-A-C-

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