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 proposes to serve as CEO of her Florida-based company that procures electronic parts and equipment from U.S. manufacturers and exports them to Brazil, aiming to expand international market access for U.S. small and medium-sized businesses in the electronics sector.
Field: international trade, U.S. electronics export sector · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the record lacked 'corroborating evidence — aside from claims in [the Petitioner's] statements and business plan coupled with statistics regarding U.S. exports to Brazil'”
“the record does not contain sufficient relevant or probative evidence showing that the economic effects of the Petitioner's company's activities will be substantial”
“the economic benefits that [she] claims will result from her endeavor depend on numerous factors and [she] does not offer a sufficiently direct evidentiary tie between her proposed endeavor and the claimed economic results”
“the record does not show that benefits to the U.S. regional or national economy resulting from the Petitioner's proposed endeavor would reach the level of 'substantial positive economic effects'”
“This evidence of the business's decreased net income and gross profit does not support the finding that the economic benefits of her proposed endeavor will likely rise to a level commensurate with national importance.”
AAO decision text
How the evidence was treated
- business plan · discounted
“establishing a business [is] in an important sector of the U.S. economy is insufficient to establish the national importance of the Petitioner's proposed endeavor”
AAO decision text - contract revenue · discounted
“This evidence of the business's decreased net income and gross profit does not support the finding that the economic benefits of her proposed endeavor will likely rise to a level commensurate with national importance.”
AAO decision text - other · discounted
“The evidence relating to a foreign company similarly is insufficient to demonstrate the national importance of the Petitioner's proposed endeavor in the United States.”
AAO decision text - motion resubmission · discounted
“the motion evidence does not sufficiently establish that her proposed endeavor 'has national or even global implications within a particular field'”
AAO decision text
Where this case turned
- 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's prior appellate decision was dispositive solely on Prong 1 (national importance), expressly reserving Prongs 2 and 3. On motion to reconsider, the Petitioner incorrectly attributed to the AAO a characterization of her background as 'information technology,' which the AAO flatly denied making. The motion to reopen was undermined by the Petitioner's own financial statements showing a 93.9% decline in net income and 57.2% decline in gross profit for 2024, which the AAO used affirmatively against her. Evidence of a Brazilian affiliate company was also submitted but dismissed as irrelevant to U.S. national importance.
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)
What this case teaches
Analyst reading of the decision text.
On combined motions, declining company financials and foreign-company revenue did not supply the missing direct evidentiary tie between the export endeavor and substantial national economic effects; national importance remained unproven.
Operating in an important sector is not enough; provide a direct evidentiary tie showing your specific endeavor's substantial national economic effects, since weak or declining financials undercut the claim.
moderate
economic_growth_generic · us_competitiveness
endeavor_focused
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