dismissedJUN252024_05B52032024-06-25 · 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.
The Petitioner sought to open his own marketing consultancy to help U.S. small and medium businesses (including in the tourism industry, focused in Florida) enhance their brand image, digital presence, and sales.
Field: marketing and communications · Read the decision (uscis.gov)
EB-2 threshold — addressed
Petitioner established bachelor's degree equivalent plus five years progressive experience, satisfying advanced degree requirement; Director and AAO agreed.
Prong 1 — national importancenot established · dispositive
“In determining national importance, the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead, we focus on, "the specific endeavor that the foreign national proposes to undertake."”
“Here, the Petitioner improperly relies upon the importance of the industry to establish the national importance of his proposed endeavor.”
“the record does not establish that his proposed endeavor will impact the industry more broadly or have substantial pos1t1ve economic effects, particularly in an economically depressed area to impact more than his prospective clients.”
“we conclude that the record does not establish the proposed endeavor will have broader implications beyond his prospective clients.”
AAO decision text
How the evidence was treated
- other · discounted
“it does not establish the broad implications of the specific proposed endeavor outside of his prospective clients”
AAO decision text - degree · credited
Where this case turned
- 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
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Notable
AAO expressly declined to reach prongs 2 and 3, resolving the appeal solely on the national importance element of prong 1, finding the Petitioner conflated industry importance with endeavor-specific importance.
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-
Cases in adjacent profiles
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- The Petitioner proposed to start a project management consultancy in the United States that would help small and mid-siz
- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution