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 sought to start and direct a Florida-based consulting company providing individualized farm-visit services in animal breeding, genetics, and sustainable agricultural practices to farmers and ranchers nationwide.
Field: agribusiness/animal science consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO agreed with the Director that the Petitioner's five-year Title of Zootechnics degree and Master in Zootechnics degree satisfied the advanced-degree professional requirement.
Prong 1 — national importancenot established · dispositive
“this geographical focus is insufficient to show that her activities and those of her company would have the broader impact on the meat and dairy industries in the United States that she claims”
“the record lacks evidence that even the indirect economic effects of the agribusiness consulting services to be provided by the Petitioner's company would substantially impact the regional or national economy”
“these reports and articles do not address or support the national importance of the Petitioner's specific proposed endeavor of providing agribusiness consulting to individual small and medium-sized farms and ranches”
“she does not elaborate on the nature of these innovations other than to refer to "customized consulting services," and again does not describe how any innovations would be widely disseminated”
AAO decision text
How the evidence was treated
- business plan · discounted
“These services are individualized and not applicable to additional farms and ranches, and therefore can only potentially transform a particular client's facilities and operations.”
AAO decision text - media · discounted
“these reports and articles do not address or support the national importance of the Petitioner's specific proposed endeavor”
AAO decision text - motion resubmission · ignored
“the AAO will not accept evidence offered for the first time on appeal”
AAO decision text - degree · credited
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- 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 declined to accept additional USDA reports submitted for the first time on appeal, citing Matter of Soriano and Matter of Obaigbena. AAO also cited Flores v. Garland (5th Cir. 2023) for the proposition that NIW adjudication is discretionary in nature, joining other circuits on that point.
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
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
- Matter of L-A-C-
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