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 work as an entrepreneur developing and selling a low-sugar, high-protein ice cream product she described as a guilt-free dessert option.
Field: food service / ice cream product development and sales · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner did not establish five years of progressive post-baccalaureate experience in the specialty; hostess work was not progressive and self-employment claims lacked independent corroborating evidence.
How the evidence was treated
- resume experience · discounted
“the record does not establish how experience as a hostess represents additional progressive experience related to the specialty”
AAO decision text - other · discounted
“The Petitioner did not submit independent, documentary evidence to support her claims about operating this business”
AAO decision text
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
AAO expressly declines to reach any of the three Dhanasar prongs because the threshold EB-2 advanced degree qualification failed; also addresses and rejects Petitioner's claims of harmless clerical/typographical errors in the Director's decision (translator name substituted for letter writer, omitted employment letter) as not amounting to legal or factual error.
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)
- Matter of L-A-C-
- Matter of O-R-E-
Cases in adjacent profiles
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- 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