The Petitioner sought to continue operating his existing company, a wholesale distributor and online retailer of imported Turkish beauty care products and candies, as its president.

Prong 1 — national importancenot established · dispositive

“the proposed endeavor's benefits appear to be limited to the Petitioner, as the beauty care products and candy distributor's president, his company, its employees, and its customers and clients.”

“the record does not establish how the Petitioner's company's continued business operations have national importance.”

“the record does not establish that the proposed endeavor may have significant potential to employ U.S. workers or other substantial positive economic effects, particularly in a depressed area.”

“That an endeavor may employ more workers than a typical small business does not categorically make such potential employment significant.”

AAO decision text

How the evidence was treated

• business plan · discounted

  “does not establish how the company's continued operations may have national or even global implications”

  AAO decision text
• other · discounted

  “do not address the Petitioner or the potential prospective impact of the specific endeavor he proposes to undertake”

  AAO decision text
• other · discounted

  “whether the endeavor is in an economically depressed area is incidental”

  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
• Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
• Local, not national scope · p1 — impact confined to clients / a region

Notable

The AAO rejected the Petitioner's cultural-enrichment argument by noting that the business's 'main purpose is to sell certain goods at a price higher than the cost of creating or procuring them, to generate a profit, not to enhance cultural enrichment.' It also clarified that HUBZone (economically depressed area) location is not an independent factor under Dhanasar prong one absent a showing of significant potential to employ U.S. workers or other substantial economic effects.

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 L-A-C-

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