dismissedMAY232023_03B52032023-05-23 · 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 sought to provide marketing and event services through his own company located in Florida, projecting job creation and revenue growth over five years.
Field: marketing and event services · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner has not established that his proposed endeavor sufficiently extends beyond the company and its clientele to impact the industry or the field more broadly”
“the Petitioner must establish the national importance of operating rather than the importance of small businesses and the management consulting industry, economic effects from job creation, and the benefits of foreign direct investment”
“the Petitioner has not demonstrated the business plan's claimed potential of employing 134 individuals across the United States, including some in distressed areas, or the projected $10 million revenue over five years has substantial positive economic effects for our nation”
AAO decision text
How the evidence was treated
- business plan · discounted
“the Petitioner has not demonstrated the business plan's claimed potential of employing 134 individuals across the United States”
AAO decision text - recommendation letter · discounted
- motion resubmission · discounted
“We will not consider new eligibility claims or evidence in our adjudication of this appeal.”
AAO decision text - resume experience · discounted
“the Petitioner must establish the national importance of operating rather than the importance of small businesses”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
AAO declined to consider a revised business plan submitted on appeal, applying Matter of Soriano because Petitioner had resubmitted the original business plan in response to the RFE rather than revising it then.
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
- Chen v. INS
- Matter of L-A-C-
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