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 proposed to establish pharmacies in the United States.
Field: pharmacy / retail pharmacy business · Read the decision (uscis.gov)
Prong 1 — national importancenot established
“we concluded that the Petitioner's plans were vague, conflicting, and insufficiently corroborated, and that the Petitioner had not established the national importance of her proposed endeavor.”
AAO decision text
How the evidence was treated
- business plan · discounted
“the Petitioner's plans were vague, conflicting, and insufficiently corroborated”
AAO decision text - recommendation letter · discounted
“quoted from her statement and letters from others discussing her proposed endeavor”
AAO decision text - motion resubmission · discounted
“the Petitioner does not state any new facts and does not submit any new documentary evidence”
AAO decision text
Where this case turned
- Business plan speculative · p1 — projections without a documented basis or steps
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
Notable
This is a combined motion to reopen/reconsider following a prior AAO appellate dismissal, not a fresh substantive appeal; the AAO dismissed both motions on purely procedural grounds (no new facts submitted; no legal/policy error shown), only summarizing the prior decision's prong 1 finding rather than re-analyzing eligibility. Petitioner's Fifth Amendment due-process argument regarding evidence consideration was rejected as a vague, unsupported assertion.
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. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of Coelho
Cases in adjacent profiles
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- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers