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, an agricultural sales representative, proposed to operate his own U.S. company exporting American agricultural products (e.g., fertilizer, potatoes) to Brazil and importing Brazilian products (e.g., coffee, lumber, tropical fruits) to the United States.
Field: agribusiness / agricultural sales and trade · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO affirmed the Petitioner qualifies as an advanced degree professional based on a foreign equivalent bachelor's degree plus five years of progressive post-baccalaureate experience.
Prong 1 — national importancenot established · dispositive
“the record does not sufficiently demonstrate that his proposed activities would rise to the level of national importance”
“his business plans and projections might be over-optimistic”
“the record does not establish the national significance of these potential benefits”
AAO decision text
How the evidence was treated
- business plan · discounted
“his business plans and projections might be over-optimistic”
AAO decision text - contract revenue · discounted
“reflects revenues of only about $80,000 and no wages paid, below the Petitioner's first-year estimates”
AAO decision text - degree · credited
- resume experience · credited
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
Notable
AAO found substantial merit satisfied (business plan projected $5.7M revenue by year five) but found national importance unmet, noting the company's actual 2021 tax return showed only ~$80,000 in revenue and no wages paid, well below projections, undercutting the credibility of the business plan.
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. 204.5(k)(2)
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