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 provide consulting services and marketing strategies, chiefly to U.S. companies in the automotive sector, through his own entrepreneurial venture, to help increase profitability, sustainability, and internal efficiency.
Field: automotive marketing/business consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found Petitioner qualifies as advanced degree professional; not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“the record did not adequately demonstrate that the benefits they identified to purportedly flow from their proposed endeavor, even if realized, would impact their field beyond the companies in or adjacent to the automotive sector”
“the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead, we focus on "the specific endeavor that the foreign national proposes to undertake."”
“the evidence in the record does not materially, relevantly, or probative demonstrate those effects rising to a level implicating matters of national importance”
“the record does not adequately establish the parameters the SBA considers in establishing HUBZones”
AAO decision text
How the evidence was treated
- business plan · discounted
“did not sufficiently describe the endeavor's positive economic effects”
AAO decision text - other · discounted
“were general in nature. They did not adequately describe the role of the Petitioner's proposed endeavor”
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
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
Notable
AAO extensively analyzes and rejects Petitioner's SBA HUBZone argument in a lengthy footnote, finding Petitioner ineligible for that program as a non-citizen-owned business; AAO also addresses and rejects a Buletini-based argument that the Director failed to individually address all evidence.
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.
- Buletini v. INS
- Flores v. Garland
- Matter of L-A-C-
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