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 continue operating his own digital marketing company in Florida, which provides data-driven digital marketing services to small and medium-sized businesses, with plans to expand to additional states.
Field: digital marketing · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found, and AAO did not dispute, that the Petitioner is eligible for EB-2 classification as an advanced degree professional.
Prong 1 — national importancenot established · dispositive
“it is insufficient to establish that the prospective impact of his endeavor goes beyond his clients and his direct employees.”
“the projections rely on consistent economic conditions, which undermines the probative value of their evidentiary weight.”
“labor shortages are directly addressed by the U.S. Department of Labor through the labor certification process, thus a labor shortage is insufficient to satisfy his burden.”
“merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor”
“the writer asserts that the endeavor is of national importance because it is aligned with national priorities of promoting economic competition, however this statement is conclusory.”
AAO decision text
How the evidence was treated
- business plan · discounted
“the projections rely on consistent economic conditions, which undermines the probative value of their evidentiary weight.”
AAO decision text - recommendation letter · discounted
“this statement is conclusory.”
AAO decision text - other · discounted
“they do not specifically discuss the Petitioner's proposed endeavor or explain how his endeavor would have broader implications.”
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
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
- Local, not national scope · p1 — impact confined to clients / a region
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
Notable
AAO expressly declined to reach prongs two and three after finding prong one dispositive, citing INS v. Bagamasbad and Matter of L-A-C- for the proposition that agencies need not resolve unnecessary issues. The Petitioner's claim that the Director applied an incorrect standard of proof was also rejected.
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)(8)
- 8 C.F.R. 103.3
- Flores v. Garland
- Matter of Caron Int'l
- Matter of D-R-
- Matter of E-M-
- Matter of L-A-C-
- USCIS Policy Manual F.5(D)(1)
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