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 cargo and freight agent, proposed an entrepreneurial endeavor in the freight/logistics industry in the United States.
Field: cargo and freight logistics / entrepreneurialism · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found, and AAO did not disturb, that the Petitioner qualifies as an advanced degree professional.
Prong 1 — national importancenot established · dispositive
“We also found that the Petitioner had not established that the proposed endeavor has national importance, as required by the first prong of Dhanasar.”
“the Director concluded that the record did not establish that the proposed endeavor has national importance”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“The Petitioner cannot meet the requirements of a motion to reconsider by broadly disagreeing with our conclusions and restating his initial claims”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Local, not national scope · p1 — impact confined to clients / a region
Notable
This is a motion to reconsider following a prior AAO appeal dismissal (not the initial appeal itself); the AAO's substantive analysis is procedural, focused on whether the motion met the legal standard for reconsideration rather than re-litigating the merits. The Petitioner cited new USCIS Policy Manual guidance on entrepreneur-specific evidence, but the AAO found this irrelevant since substantial merit (not national importance) was the issue already conceded. Prongs 2 and 3 were never reached in the underlying appeal or this motion.
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. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of O-S-G-
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