dismissedFEB252025_04B52032025-02-25 · combined · Texas Service Center

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 tourism consultant, proposed to provide tourism consulting services, work the Director found tied to a single employer's clients rather than extending broadly to the industry or field.

Field: tourism consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the national importance of her proposed endeavor, including that she materially changed her proposed endeavor”

“would sufficiently extend beyond an organization she worked for and its clients to impact the industry or field more broadly or would have significant potential to employ U.S. workers or otherwise offer substantial positive economic effects for our nation”

AAO decision text

How the evidence was treated

motion resubmission · discounted
“the petitioner was put on notice of the required evidence and given a reasonable opportunity to provide it for the record before the denial”
AAO decision text
resume experience · discounted
“we did not consider the Petitioner's newly issued employment letters for the first time”
AAO decision text
certification membership · discounted
contract revenue · discounted

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
Material change of endeavor · p1 — the endeavor described on appeal is not the one filed

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Notable

This is a motion decision reviewing a prior AAO appeal dismissal of a combined motion to reopen/reconsider; the AAO's substantive discussion focuses narrowly on whether new evidence (employment letters, tourist guide license, earnings statement, support letters) could be considered on motion and, even if considered, whether it cured the previously identified national-importance deficiency (endeavor tied to a single employer's clients and a materially changed proposed endeavor).

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)

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