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 supply patented modular bar counters and other portable event structures, and through his Florida LLC to provide event planning, deployment, and management outsourcing services to companies in the food and beverage, entertainment, and event industries.
Field: event supply chain / modular bar structures for events · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO withdrew the Director's finding of exceptional ability, finding the Petitioner did not meet at least three of six regulatory criteria (10-years full-time experience, professional association membership, recognition of achievements) and, in the alternative, did not establish eligibility as an advanced degree professional because he submitted no evidence of holding any degree.
Prong 1 — national importancenot established · dispositive
“the relevant question is not the importance of the industry or profession in which the individual will work”
“it would meaningfully alleviate a shortage of trained professionals in the event planning and supply chain services field”
“it does not establish that the company's staffing levels and business activity would provide substantial economic benefits in Florida or the United States”
“the Petitioner did not indicate that his endeavor would participate in the SBA HUBZone program, substantiate the growth projections in the business plan”
AAO decision text
Prong 2 — well positionedestablished
“the Director considered the relevant evidence and determined that the Petitioner satisfied the second prong”
AAO decision text
How the evidence was treated
- resume experience · discounted
“the Petitioner has not provided evidence from current or former employers that documents his ten years of full-time experience”
AAO decision text - certification membership · discounted
“the record does not contain evidence that the Petitioner maintained his membership from the time of filing through adjudication of the petition”
AAO decision text - patents · discounted
“a patent alone does not provide sufficient evidence of an individual's recognition for achievements and significant contributions to the industry”
AAO decision text - recommendation letter · discounted
“the evidence does not show how his patented product or related services have had an impact that extends beyond his clientele”
AAO decision text - media · discounted
“the Petitioner did not establish that this promotional material demonstrates recognition ... by peers, governmental entities, or professional or business organizations”
AAO decision text
All 7 evidence items
- business plan · discounted
“it does not establish that the company's staffing levels and business activity would provide substantial economic benefits in Florida or the United States”
AAO decision text - degree · discounted
“the record contains no supporting evidence, such as official academic records of any degree, diploma or certificates”
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
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
Notable
AAO withdrew the Director's favorable exceptional-ability finding sua sponte (an unusual reversal of a threshold finding not appealed by the Director), then also rejected the alternative advanced-degree pathway, before affirming the Director's prong-one denial and expressly reserving judgment on prong three.
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
- Chen v. INS
- Matter of L-A-C-
- Poursina v. USCIS
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