dismissedNOV282023_02B52032023-11-28 · appeal · Texas Service Center

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 develop and sell affordable, sustainable housing built from adapted shipping containers, initially in Texas with planned expansion into Utah and Florida.

Field: real estate / affordable housing construction · Read the decision (uscis.gov)

EB-2 threshold — not met

The Petitioner failed to establish five years of progressive post-baccalaureate experience required to equate her bachelor's degree to an advanced degree; the accountant letter and recommendation letters were found insufficiently probative or non-compliant with regulatory requirements for employer letters.

Prong 1 — national importancenot established · dispositive

“These projections, while commendable, do not demonstrate the Petitioner's business will operate on a scale commensurate with national importance.”

“She has not established how the unhoused will be able to purchase her homes even if she sells them at an affordable price.”

“The industry articles and reports demonstrate the importance of affordable housing and sustainable green construction, but we nevertheless conclude this is insufficient to establish the endeavor's national importance.”

“The Petitioner's accomplishments relate to the results she achieved on specific projects and for specific employers/clients, rather than indicate broader implications in the field.”

“She has not explained how her endeavor is better, different, or costs less than the goods and services another company already provides.”

AAO decision text

How the evidence was treated

resume experience · discounted
“Documents from a paid employee, while not without weight, do not appear to be objective.”
AAO decision text
recommendation letter · discounted
“The authors appear to have neither the authority to write on behalf of the referenced company nor knowledge of the Petitioner's personnel records”
AAO decision text
business plan · discounted
“These projections, while commendable, do not demonstrate the Petitioner's business will operate on a scale commensurate with national importance.”
AAO decision text
other · discounted
“The industry articles and reports demonstrate the importance of affordable housing and sustainable green construction, but we nevertheless conclude this is insufficient to establish the endeavor's national importance.”
AAO decision text

Where this case turned

Business plan speculative · p1 — projections without a documented basis or steps
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 not independent · p1 — letters come from employers and close collaborators, not independent experts
Local, not national scope · p1 — impact confined to clients / a region

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Notable

AAO withdrew the Director's favorable finding on the underlying EB-2 classification sua sponte, finding the Petitioner had not established eligibility as an advanced degree professional (a basis the Director had not disputed), making this an independently dispositive threshold failure alongside the Prong 1 national importance failure. The AAO also addressed and rejected the Petitioner's Buletini-based argument that the Director failed to meaningfully review the 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.

8 C.F.R. 103.3
Buletini v. INS
Matter of L-A-C-
Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to establish 5 years progressive experience for underlying EB-2 classification, and separately failed to show her endeavor's impact would occur at a scale of national importance rather than local/speculative benefit.

Transferable lesson

Substantiate advanced-degree experience with objective employer/tax records, and quantify projected endeavor impact (jobs, units, revenue) at a scale clearly exceeding local significance.

Endeavor framing

moderate

National-importance theory

economic_growth_generic · public_health · field_advancement

Evidence targeting

mixed

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