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, a physician-trained entrepreneur, proposed to work in the U.S. healthcare field as owner of an antimicrobial products manufacturing business, a medical consultant to a hyperthermia treatment company, and U.S. country manager for a Brazilian natural medicine company.
Field: healthcare/business consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO agreed Petitioner qualifies as advanced degree professional, though on a different basis than the Director (bachelor's equivalent plus five years progressive experience rather than a true advanced degree).
Prong 1 — national importancenot established · dispositive
“we conclude the record does not show that the Petitioner's proposed endeavor, as initially described, stands to sufficiently extend beyond his business and his employers and their clientele”
“The Petitioner has not provided corroborating evidence to support his general claims that his proposed endeavor stands to provide substantial economic and health benefits to the United States.”
“merely working in the healthcare field, starting an antimicrobial-based product manufacturing business...is insufficient to establish the national importance of the proposed endeavor.”
“The industry reports and articles submitted do not discuss any projected U.S. economic impact, job creation, or healthcare benefits specifically attributable to the Petitioner's proposed endeavor.”
“The opinion does not mention or focus on the Petitioner's specific proposed endeavor and its potential prospective impact in the field of healthcare.”
AAO decision text
How the evidence was treated
- business plan · discounted
“they do not provide information or details relating to the Petitioner's role in the businesses and the potential prospective impact of his proposed endeavor”
AAO decision text - recommendation letter · discounted
“The opinion does not mention or focus on the Petitioner's specific proposed endeavor and its potential prospective impact in the field of healthcare.”
AAO decision text - media · discounted
“The industry reports and articles submitted do not discuss any projected U.S. economic impact, job creation, or healthcare benefits specifically attributable to the Petitioner's proposed endeavor.”
AAO decision text - resume experience · credited
- motion resubmission · discounted
“the Petitioner resubmitted evidence initially provided with the petition and presented new facts regarding the proposed endeavor which are material to eligibility”
AAO decision text
All 6 evidence items
- degree · credited
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- 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
- Local, not national scope · p1 — impact confined to clients / a region
Notable
AAO found the Petitioner made a material change to his proposed endeavor between filing and the RFE response/appeal (shifting from healthcare entrepreneur/consultant to business-management entrepreneur), invoking Matter of Izummi's bar on material changes and limiting review to the endeavor as initially described. AAO also corrected the Director's threshold EB-2 rationale, finding the degree was a bachelor's equivalent plus five years' experience rather than a true advanced degree, though the outcome (advanced degree professional met) was the same.
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. 103.2(b)(1)
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- Matter of Izummi
- Matter of L-A-C-
- Poursina v. USCIS
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