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 run a trucking company specializing in the safe transport of expensive, rare, oversized, and prototype vehicles and equipment within the United States.
Field: trucking / specialized vehicle transportation · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO disagreed with the Director's finding that Petitioner qualified as an advanced degree professional, because he failed to submit certified translations of his foreign diploma and supplement, but did not base the dismissal on this ground since Petitioner was not previously on notice.
Prong 1 — national importancenot established · dispositive
“The evidence provided does not demonstrate that this specific endeavor is of national importance.”
“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”
“the business plan does not adequately support these projections of job and revenue creation”
“makes conclusory statements on national importance without sufficient basis”
“the plan does not explain how these forecasts were calculated, or adequately clarify how these projections will be realized”
“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”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“they do not specify how the Petitioner's business will contribute to the trucking industry or the economy on a nationally important level”
AAO decision text - recommendation letter · discounted
“the advisory opinion is of little probative value as Dr. [redacted] evaluation repeatedly makes conclusory statements on national importance without sufficient basis”
AAO decision text - business plan · discounted
“the plan does not explain how these forecasts were calculated, or adequately clarify how these projections will be realized”
AAO decision text - resume experience · discounted
“it points to the Petitioner's past accomplishments and experiences, not the specific endeavor's potential impact”
AAO decision text - degree · discounted
“we accord them no weight as we cannot determine whether they support the claim”
AAO decision text
All 6 evidence items
- contract revenue · ignored
“The Petitioner does not explain how this evidence is relevant to national importance”
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
- 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
- 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
AAO found the Petitioner did not actually qualify as an advanced-degree professional (uncertified translations), but declined to base the dismissal on that unraised issue, instead instructing the Petitioner to address it 'in any further filings' while dismissing on prong 1 national importance grounds alone.
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)(3)
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
- INA 203(b)(2)
- Matter of L-A-C-
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