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 launch a consulting company providing business continuity planning, training, and mentoring services to small and medium-sized Latino-owned businesses in the United States.
Field: business continuity planning / small business consulting · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the record does not establish its national importance”
“the Petitioner provided little detail on these various types of services that cover a wide variety of topics”
“The Petitioner conflicting and unsupported assertions leave substantial uncertainty as to his claims as to the potential prospective national importance of his proposed endeavor”
“Generalized conclusory statements that do not identify a specific impact to the field have little probative value”
“even if these businesses have a national level impact on the U.S. economy, it does not follow that the Petitioner's proposed endeavor would also have such an impact”
AAO decision text
How the evidence was treated
- business plan · discounted
“the Petitioner provided little detail on these various types of services that cover a wide variety of topics such that could each be their own industries”
AAO decision text - resume experience · discounted
“a petitioner's expertise and record of success is a consideration under Dhanasar's second prong”
AAO decision text - other · discounted
“it does not follow that the Petitioner's proposed endeavor would also have such an impact”
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
- 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
Notable
The Petitioner gave shifting, inconsistent figures for projected customers/clients served (14,900; 600,000; 36,230; 32,230) and employees (4 vs. 8), which the AAO cited as undermining credibility of national-impact claims. The AAO also rejected the argument that national importance of the Latino small-business sector as a whole could be imputed to the Petitioner's individual endeavor.
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.
- Flores v. Garland
- Matter of Ho
- Matter of L-A-C-
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