The petitioner, an interior designer, proposed to establish a nonprofit organization promoting sustainable and eco-friendly design principles through educational content, webinars, workshops, and a volunteer 'Green Design Ambassadors' program.

Prong 1 — national importanceestablished

“Our review of the record does not support SCOPS' finding that the Petitioner has established the national importance of her proposed endeavor.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“the evidence 'focuses heavily on past achievements' of the Petitioner and offered little evidence of 'current or future efforts of the [Petitioner] to advance her proposed endeavor.'”

“the Petitioner did not submit evidence that she secured intended funding sources for her proposed endeavor, including 'grants, sponsorships, and donations.'”

“SCOPS also found the business plan contained 'an over generalized strategy'”

“even if a petitioner demonstrates a degree of expertise significantly above that ordinarily encountered in the field of expertise, this demonstration on its own is insufficient to demonstrate they are well positioned to advance their endeavor.”

“the record does not similarly demonstrate the Petitioner's prior success as it relates to stated aims of her proposed endeavor”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “the record does not similarly demonstrate the Petitioner's prior success as it relates to stated aims of her proposed endeavor”

  AAO decision text
• business plan · discounted

  “the business plan contained 'an over generalized strategy'”

  AAO decision text
• funding · discounted

  “the Petitioner did not submit evidence that she secured intended funding sources for her proposed endeavor”

  AAO decision text
• certification membership · discounted
• degree · discounted

  “The record does not contain evidence that the Petitioner has the appropriate licensure as an architect.”

  AAO decision text

Where this case turned

• Business plan speculative · p2 — projections without a documented basis or steps
• Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
• Funding absent · p2 — no documented funding or resources behind the plan
• No progress evidence · p2 — no documented movement toward the endeavor since filing
• Record of success insufficient · p2 — a claimed track record the documents do not establish

Notable

A footnote states the AAO's own review does not support SCOPS' finding that national importance was established, but the AAO expressly declines to reach that prong because the second-prong failure is dispositive. The petitioner's claims were internally inconsistent: the business plan described her serving as chief architect and managing engineer, but on appeal she asserted she is neither an architect nor an engineer, only an interior designer not requiring licensure in her state, undermining her claim of being well-positioned in that dual role.

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
• Flores v. Garland
• INA 203(b)(2)
• Matter of L-A-C-

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