dismissedSEP072023_03B52032023-09-07 · 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, a CEO, proposed to open and operate a Japanese-Brazilian fusion restaurant in Florida, with plans to franchise and expand to additional locations in other states.
Field: restaurant management / hospitality business (Japanese-Brazilian cuisine) · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner must demonstrate the national importance of his specific, proposed endeavor of owning and operating [] Florida, as well as expansion to two other locations, rather than the importance of particular industries or fields”
“the record does not show through supporting documentation how the restaurant stands to sufficiently extend beyond its customers, to impact the restaurant industry or the U.S. economy more broadly”
“the Petitioner did not establish how the business plan's claimed financial and employment projections, even if credible or plausible, have significant potential to employ U.S. workers or otherwise offers substantial positive economic effects”
“the Petitioner did not demonstrate the significance of the creation of 8 - 15 jobs to the unemployment rate or how such jobs would offer substantial positive economic effects”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“the letter does not further elaborate and explain how the Petitioner's restaurant [] would be nationally important”
AAO decision text - business plan · discounted
“the Petitioner did not show how these figures translate into substantial positive economic effects”
AAO decision text - resume experience · discounted
“the Petitioner's experience, skills, and abilities in his field relate to the second prong of the Dhanasar framework”
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
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Notable
The Director had initially found the first prong's substantial merit and national importance satisfied; the AAO withdrew that favorable finding specifically as to national importance, treating this as the sole dispositive basis and explicitly declining to reach prongs two and three as an alternate, independent basis for dismissal.
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
- Matter of L-A-C-
- Poursina v. USCIS
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