The Petitioner sought to establish a digital platform/consulting company linking U.S. real estate business opportunities to individual investors in Latin America, providing coaching and support through the financial, legal, and administrative investment process.

Prong 1 — national importancenot established · dispositive

“the Petitioner has not described how his business providing consulting for foreign investors in U.S. real estate via a digital platform will have a broader impact on the field beyond the individual clients he will assist.”

“It is not the importance of the field that determines an endeavor's national importance, but rather how the specific endeavor will impact the field on a level commensurate with national importance.”

“The record though lacks evidence demonstrating that the projections claimed will result in substantial economic growth on the level of national importance.”

“we find that the record does not establish that the Petitioner's proposed endeavor will sufficiently extend beyond his clients to affect the region or nation more broadly.”

AAO decision text

How the evidence was treated

• business plan · discounted

  “the record lacks evidence demonstrating that the specific endeavor's impact would be nationally important.”

  AAO decision text
• recommendation letter · discounted

  “the Petitioner does not explain how this evidence is relevant to national importance as it points to the Petitioner's past accomplishments and experiences, not the specific endeavor's potential impact”

  AAO decision text
• resume experience · discounted

  “none of them comport entirely with the requirements and are thus not sufficient to establish five years of experience.”

  AAO decision text
• degree · discounted

  “the record lacks evidence that the Petitioner has obtained a bachelor's degree and an advanced degree as needed to qualify as an advanced degree professional.”

  AAO decision text
• media · discounted

  “these articles and reports do not address the Petitioner's specific proposed endeavor or how it would have broad implications in the real estate fields”

  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
• Local, not national scope · p1 — impact confined to clients / a region

Notable

AAO found the Petitioner did not actually qualify as an advanced degree professional (his foreign law degree was equivalent only to a bachelor's, and experience letters were deficient), but declined to dismiss on that ground because Petitioner was not on notice; instead dismissed solely on prong 1 national importance. AAO also excluded post-filing evidence (a letter of interest and an article) under 8 C.F.R. 103.2(b)(1),(12).

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. 103.2(b)(1)
• 8 C.F.R. 103.3
• 8 C.F.R. 204.5(k)(2)
• Flores v. Garland
• Matter of L-A-C-

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