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 work as a recruitment consultant specialized in the oil and gas sector across Europe, the Middle East, Africa, and North America.
Field: recruitment consulting in the oil and gas sector · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the memoranda do not address the Petitioner's proposed endeavor activities, their importance, or their impact”
“in determining national importance, the relevant question is not the importance of the field or profession in which the individual will work”
“this does not establish the impact of the Petitioner's specific proposed endeavor activities”
AAO decision text
How the evidence was treated
- other · discounted
“the memoranda do not address the Petitioner's proposed endeavor activities, their importance, or their impact”
AAO decision text
Where this case turned
- 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
The Petitioner mistakenly filed a motion to reconsider (submitting new evidence—two presidential memoranda on petroleum supply) when he intended a motion to reopen; the AAO construed it as the latter and adjudicated it as such rather than summarily dismissing it. The AAO reiterated that establishing the importance of a field/industry is not the same as establishing the national importance of the specific proposed endeavor.
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(a)(1)(i)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of Coelho
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