The Petitioner sought to work as an entrepreneur/real estate developer in Florida, operating a company that builds residential (single- and multi-family) properties for sale to consumers.

Prong 1 — national importancenot established · dispositive

“the Director explained that the Petitioner did not substantiate the growth projections in the business plan, corroborate that it provides "affordable housing," or demonstrate that his endeavor will have substantial positive economic effects, particularly in an economically depressed area.”

“the Director found that the record contains insufficient evidence that the endeavor's homebuilding services would have broader implications, or national or global implications, within the specific field or industry.”

“in determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes to undertake."”

“we affirm that it does not establish that the company's staffing levels and business activity would provide substantial economic benefits in Florida or the United States, that it would meaningfully alleviate a claimed shortage of trained professionals in the construction industry, or that its projected future revenues of $7.68 million in its fifth year would significantly impact the homebuilding industry”

AAO decision text

Prong 2 — well positionedestablished

“the Director considered the relevant evidence and determined that the Petitioner satisfied the second prong.”

AAO decision text

How the evidence was treated

• business plan · discounted

  “the Petitioner did not substantiate the growth projections in the business plan, corroborate that it provides "affordable housing," or demonstrate that his endeavor will have substantial positive economic effects”

  AAO decision text
• recommendation letter · discounted

  “the Petitioner's expertise acquired through his prior experience in the field relates to the second prong of the Dhanasar framework”

  AAO decision text
• media · discounted

  “the relevant question is not the importance of the industry or profession in which the individual will work”

  AAO decision text
• other · ignored

  “Eligibility must be established at the time of filing... we will not consider this evidence”

  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
• 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

The AAO expressly adopted and affirmed the Director's first-prong analysis under Matter of Burbano, and declined to consider new post-filing evidence submitted on appeal (settlement sheets for 34 additional properties) as untimely under Katigbak/Izummi/Bardouille/Soriano. The AAO reserved judgment on prong three since prong one was dispositive.

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.

• Chen v. INS
• Matter of Bardouille
• Matter of Izummi
• Matter of Katigbak
• Matter of L-A-C-
• Poursina v. USCIS

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