dismissedJUN112024_11B52032024-06-11 · 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.

A sales manager with banking and IT experience proposed to work in the United States, either as an employee or freelance consultant, applying strategic sales approaches to expand business sales, recommend solutions, and transfer technology knowledge.

Field: sales management (IT and banking) · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO affirmed Director's finding that Petitioner qualifies for EB-2 as an advanced degree professional based on foreign bachelor's equivalent plus five years progressive experience.

Prong 1 — national importancenot established · dispositive

“But she has not demonstrated that her specific endeavor, alone, would benefit the economy or her field on a national level.”

“The record, for example, does not indicate how much additional revenue she could help an employer or consulting clients to earn, or how many clients she could provide consulting services to.”

“The letters from the Petitioner's former employers, however, do not focus on her proposed endeavor, but rather on her skills and past achievements.”

“She has not established the size or scope of her proposed activities.”

AAO decision text

How the evidence was treated

business plan · discounted
“the Petitioner did not provide many details about her proposed endeavor”
AAO decision text
recommendation letter · discounted
“do not focus on her proposed endeavor, but rather on her skills and past achievements”
AAO decision text
other · discounted
“the letter does not explain how the Petitioner's specific venture would affect the economy and the sales management field on a national level”
AAO decision text

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
Letters not independent · p1 — letters come from employers and close collaborators, not independent experts
Local, not national scope · p1 — impact confined to clients / a region

2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds →

Notable

AAO reversed the Director on substantial merit (prong 1's first component) but affirmed on national importance, illustrating that the two sub-elements of prong 1 are analyzed separately; expert letter and recommendation letters were found not to address the specific endeavor's national-level impact.

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. 103.5
8 C.F.R. 204.5(k)(2)
Matter of L-A-C-

Cases in adjacent profiles

← Back to the case explorer