The Petitioner proposed to work in the United States as a human resources and marketing communications specialist through her own consulting services company.

Prong 1 — national importancenot established · dispositive

“the totality of the record does not establish how the potential prospective impact of the proposed endeavor may have broader implications indicative of national importance”

“the reliability and sufficiency of its other financial information, including revenue estimations and anticipated expense calculations”

“casts doubt on the veracity of the business plan, specifically its financial information, which undermines the reliability and sufficiency”

AAO decision text

How the evidence was treated

• business plan · discounted

  “casts doubt on the veracity of the business plan, specifically its financial information, which undermines the reliability and sufficiency of the record”

  AAO decision text
• motion resubmission · discounted

  “the Petitioner's contentions in the current motion to reconsider merely reargue facts and issues we have already considered in our prior decisions”

  AAO decision text
• recommendation letter · ignored

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
• Endeavor too vague · p1 — described as a job role, not a defined undertaking

Notable

This is the AAO's second motion decision in the case (a prior appeal, a combined motion, and now a further motion to reconsider all dismissed). The AAO also identified a wage discrepancy between the Form I-140 ($70,000) and the business plan ($42,000-$51,051), using this to further undermine the business plan's credibility even though it stated it would not readjudicate the petition.

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
• Matter of Ho
• Matter of O-S-G-

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