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 start and operate his own home-flipping business as its general and operations manager, including launching a platform for investors to track their investments.
Field: real estate / home flipping · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found exceptional ability satisfied based on only two of six criteria, which AAO notes was incorrect, but AAO reserves the issue since NIW eligibility is dispositive.
Prong 1 — national importancenot established · dispositive
“evidence of the importance of the industry or profession in general does not satisfy the standard ofnational importance”
“The business plan does not sufficiently show how many people the business will employ and how the business will achieve this goal.”
“the record does not establish that the area he intends to operate in is economically depressed”
“the author similarly discusses the importance of the industry in general... but does not show how the Petitioner's specific endeavor meets the threshold of national importance”
“much of the content of the expert opinion letter lacked probative value with respect to the national importance of the Petitioner's proposed endeavor”
AAO decision text
How the evidence was treated
- business plan · discounted
“The business plan does not sufficiently show how many people the business will employ and how the business will achieve this goal.”
AAO decision text - recommendation letter · discounted
“much of the content of the expert opinion letter lacked probative value with respect to the national importance”
AAO decision text - resume experience · discounted
“that analysis would be more relevant to the second prong of Dhanasar, in whether the Petitioner is well positioned to advance the endeavor”
AAO decision text - motion resubmission · discounted
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
- 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
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
Notable
AAO expressly notes the Director erred in finding exceptional ability satisfied (only 2 of 6 criteria met) but reserves this threshold issue since the NIW prong 1 failure is dispositive; also notes Director had found prong 2 satisfied but prong 3 not, though AAO does not reach these.
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)
- Matter of Caron Int'l
- Matter of D-R-
- Matter of L-A-C-
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