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 supply chain specialist, proposed to operate a consulting business advising clients on supply chain efficiency and profitability.
Field: supply chain management · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“we conclude that the new professional plan does not establish the national importance of the proposed endeavor.”
“the Petitioner must support her assertions her relevant, probative, and credible evidence.”
“we conclude that the Petitioner's continued revisions of her professional plan amount to an attempt to correct a deficient petition after filing.”
AAO decision text
How the evidence was treated
- business plan · discounted
“material changes made after the filing of a petition need not be considered.”
AAO decision text - motion resubmission · discounted
“the Petitioner's continued revisions of her professional plan amount to an attempt to correct a deficient petition after filing.”
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
Notable
The AAO applied the Matter of Izummi material-change doctrine (developed for investor petitions) to reject a revised business plan submitted on motion for an NIW case, treating post-filing plan revisions as an improper attempt to cure a deficient petition. The AAO also noted in a footnote that it would have reached prongs two and three only if the Petitioner had first overcome the prong-one deficiency.
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. 103.5(a)(1)(i)
- 8 C.F.R. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of Coelho
- Matter of Izummi
- Matter of Katigbak
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