dismissedJAN182024_05B52032024-01-18 · appeal · 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, an entrepreneur, proposed to provide financial services and consulting to financial institutions, claiming benefits such as optimizing investments, aiding small and medium-sized businesses, and creating employment.

Field: financial services / financial consulting to financial institutions · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the record did not adequately demonstrate that these benefits, even if realized, would impact their field beyond the financial institutions utilizing the Petitioner's services or individuals employed in the furtherance of their endeavor.”

“the record as it is currently composed does not indicate the proposed endeavor's prospective benefits rose to a level of national importance”

“analysis makes broad conclusions about the proposed endeavor's national importance from the Petitioner's background and achievements.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“The record as currently constituted would still not reflect how the Petitioner's prior performance of the duties described in the experience letters is either a similar effort as that of their proposed endeavor or how it constitutes a record of success.”

“the record does not reflect any progress to achieving the proposed endeavor. The establishment of their company alone is not strong evidence of progress.”

“the recommendation letters the Petitioner submitted are not material, relevant, or probative evidence in the record of interest or support of the endeavor the Petitioner proposed in their petition.”

AAO decision text

How the evidence was treated

recommendation letter · discounted
“not material, relevant, or probative evidence in the record of interest or support of the endeavor the Petitioner proposed”
AAO decision text
business plan · discounted
“The establishment of their company alone is not strong evidence of progress.”
AAO decision text
resume experience · discounted
“does not reflect how the Petitioner's prior performance of the duties described in the experience letters ... constitutes a record of success”
AAO decision text
other · discounted
“such statement has less weight when it is not in accord with other information in the record or there is cause to question or doubt the opinion”
AAO decision text

Where this case turned

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
Local, not national scope · p1 — impact confined to clients / a region
Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
No progress evidence · p2 — no documented movement toward the endeavor since filing
Record of success insufficient · p2 — a claimed track record the documents do not establish

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Notable

The AAO expressly withdrew the Director's favorable finding on prong 2 (well positioned), reversing course to find against the Petitioner on both prong 1 and prong 2, despite the Director having only denied on prong 1. It also heavily discounted an expert opinion letter for lacking relevant expertise on national importance and for conflating the endeavor's importance with the Petitioner's personal credentials.

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
Matter of Caron Int'l
Matter of L-A-C-
Matter of V-K-
Matter of Y-B-
Poursina v. USCIS

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