dismissedMAR292024_03B52032024-03-29 · 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 proposed to establish and operate a boat building business in Florida that would build boats and offer workshops for training in boat building.
Field: boat building / small business · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“did not demonstrate that the Petitioner's business venture has the potential to flourish and improve the economy nationally or in thel region”
“the evidence does not demonstrate that the Petitioner's specific proposed endeavor of establishing a boat building business and offering workshops will create jobs, pay tax revenue, or otherwise contribute to the economy on a scale commensurate with national importance”
“The Petitioner does not explain how the endeavor's potential economic impacts... would result in any demonstrable effect on the regional economy... or that they would be distinct from any other small business operating in the United States”
“the claims made in the recommendation letters and expert letter were stated without sufficient support”
AAO decision text
How the evidence was treated
- business plan · discounted
“the business plan's projected jobs and potential revenue... did not establish the proposed endeavor's potential for a significant impact on the economy”
AAO decision text - recommendation letter · discounted
“the claims made in the recommendation letters and expert letter were stated without sufficient support”
AAO decision text - resume experience · discounted
- media · discounted
“news articles on immigration, small businesses, and recovery from the COVID-19 pandemic, did not demonstrate that the Petitioner's business venture has the potential to flourish”
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
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
The Petitioner's appeal brief was noted by AAO as 'substantially like' the RFE response brief, indicating little new argument on appeal. The AAO expressly declined to reach the exceptional-ability/EB-2 threshold question and Dhanasar prongs 2 and 3, resting the dismissal solely on the national importance prong.
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.
- Flores v. Garland
- Matter of L-A-C-
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