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 proposed to provide specialized consulting services to U.S. real estate sector entities—including developers, property management companies, and HOAs—through his own company, aiming to improve operational efficiency and profitability amid macroeconomic challenges, and on appeal also emphasized improving access to affordable housing and serving underserved populations.
Field: real estate consulting · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the record does not show through supporting documentation how the Petitioner's particular endeavor sufficiently extends beyond its prospective clients or the limited individuals who may elect to use its services”
“the Petitioner did not support the record to corroborate any of his economic assertions in the business plan.”
“the matter here is not the importance of any of these issues. Rather, the Petitioner must demonstrate the national importance of his specific, proposed endeavor”
“the letter does not explain or argue how the Petitioner's business would have broader implications for our country rather than limited effects to the service area.”
“the Petitioner did not demonstrate how his business plan's revenue projections, even if credible or plausible, offers substantial positive economic effects for our nation.”
AAO decision text
How the evidence was treated
- business plan · discounted
“the Petitioner did not support the record to corroborate any of his economic assertions in the business plan.”
AAO decision text - recommendation letter · discounted
“the letter does not explain or argue how the Petitioner's business would have broader implications for our country rather than limited effects to the service area.”
AAO decision text - other · discounted
“the matter here is not the importance of any of these issues. Rather, the Petitioner must demonstrate the national importance of his specific, proposed endeavor”
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
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
- Local, not national scope · p1 — impact confined to clients / a region
Notable
SCOPS had already conceded substantial merit, so the sole dispositive issue on appeal was national importance under prong 1. The AAO noted that the expert opinion letter from a professor of accounting addressed substantial merit rather than national importance, illustrating the common conflation error. The Petitioner's framing shifted between initial filing (general real estate consulting) and appeal (affordable housing and underserved populations), but the AAO did not credit the reframing. Prongs 2 and 3 and the threshold EB-2 determination were all expressly reserved under INS v. Bagamasbad.
What this case teaches
Analyst reading of the decision text.
Petitioner failed to show the specific consulting endeavor's impact extended beyond its own clients/employees to a national scale, despite substantial merit being conceded.
Corroborate economic projections with independent evidence and explicitly connect scale of impact to national (not just local/client) significance under prong 1.
vague
economic_job_creation · economic_growth_generic
person_focused
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