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 work as a chief executive/entrepreneur opening, establishing, operating, and growing a non-profit business offering interstate refrigerated trucking transportation and repair services based in Illinois.
Field: refrigerated trucking transportation and repair services · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner has not established that his proposed endeavor sufficiently extends beyond his future clients to impact the transportation industry more broadly at a level commensurate with national importance”
“the Petitioner has not provided independent, corroborating evidence to support his claims of substantial economic effects”
“he did not support these claims with evidence such as market studies or documents regarding possible clients”
“the Petitioner must establish the national importance of his proposed endeavor rather than the importance of the transportation industry and frozen food sales”
AAO decision text
How the evidence was treated
- business plan · discounted
“he did not support these claims with evidence such as market studies or documents regarding possible clients”
AAO decision text - other · discounted
“he did not support these claims with evidence such as market studies or documents regarding possible clients”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- 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
Notable
The Director had found prongs 2 (well-positioned) and substantial merit satisfied; AAO affirmed only on national importance (prong 1) and declined to reach the other prongs, citing Bagamasbad and Matter of L-A-C- for not making advisory findings. The Petitioner's endeavor was structured as a 'non-profit business,' an unusual detail for an entrepreneurial trucking venture.
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
- 8 C.F.R. 204.5(k)(2)
- Chen v. INS
- Flores v. Garland
- Matter of L-A-C-
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