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 chef with degrees in gastronomy and regional development, proposed to own and operate a consulting business advising companies on gastronomy, management, entrepreneurship, and foreign direct investment, while also working as a chef, teaching, and running social projects.
Field: culinary arts / gastronomy business consulting · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“we conclude that the Petitioner has not identified a specific proposed endeavor.”
“The Petitioner's proposed work is very expansive and includes the ownership and operations of his own business, compliance, teaching, social projects, providing business development and management consulting for businesses in any sector, and FDI.”
“The Petitioner has not offered a sufficient explanation for how these various diverse activities realistically fit together into one endeavor.”
AAO decision text
Prong 2 — well positionednot established · dispositive
“we conclude that it does not reflect an education that would lend itself to business development and management consulting, entrepreneurship, or foreign direct investment.”
“the Petitioner's experience as a culinary professor, chef, and event planner does not support a finding that the Petitioner has experience in business development and management consulting, entrepreneurship, or foreign direct investment.”
AAO decision text
How the evidence was treated
- business plan · discounted
“the Petitioner has not identified a specific proposed endeavor”
AAO decision text - degree · discounted
“it does not reflect an education that would lend itself to business development and management consulting, entrepreneurship, or foreign direct investment”
AAO decision text - resume experience · discounted
“does not support a finding that the Petitioner has experience in business development and management consulting, entrepreneurship, or foreign direct investment”
AAO decision text - recommendation letter · ignored
- motion resubmission · discounted
“In support, the Petitioner relies upon the evidence and arguments he previously submitted.”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
- Record of success insufficient · p2 — a claimed track record the documents do not establish
Notable
AAO found the proposed endeavor impermissibly diffuse, combining chef work, business consulting, teaching, social projects, and FDI, and further noted an RFE response describing the endeavor as 'working for any company in need of his superior culinary skills' as inconsistent with the business-ownership narrative. AAO withdrew the Director's favorable finding on prong 2 despite the Director having only denied on prongs 1 and 3.
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
- INA 203(b)(2)
- Matter of L-A-C-
What this case teaches
Analyst reading of the decision text.
Petitioner failed to identify a single, specific, consistent proposed endeavor; his described activities (chef work, consulting, teaching, FDI, social projects) were disparate and unreconciled, defeating prong one, and his education/experience did not match the business/consulting activities, defeating prong two.
Define one coherent, bounded endeavor with clear scope and time commitment; ensure petitioner's credentials directly match that specific endeavor, not a bundle of unrelated activities.
vague
economic_growth_generic · economic_job_creation
person_focused
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