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 operate an insurance brokerage company in Florida, commercializing insurance products and services to individuals and businesses.
Field: insurance brokerage · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director concluded, and AAO agreed, that Petitioner qualifies as a member of the professions holding an advanced degree.
Prong 1 — national importancenot established · dispositive
“Neither the letters nor any other evidence within the record provides insight into how the Petitioner's endeavor to build an insurance consultancy company in Florida, will positively impact the region or the industry beyond any clients to which his singular business will provide consultancy services.”
“General assertions about his company's potential impact are not supported in the record by corroborating evidence of the plausibility of those assertions”
“the growth, revenue, and hiring projections provided in the business plan are not accompanied by an explanation of the sources used for those calculations”
“The evidence of record does not demonstrate that the endeavor realistically has significant potential to employ U.S. workers or otherwise offer substantial positive economic benefits for the United States.”
AAO decision text
How the evidence was treated
- business plan · discounted
“General assertions about his company's potential impact are not supported in the record by corroborating evidence of the plausibility of those assertions”
AAO decision text - recommendation letter · discounted
“the Petitioner's experience is not relevant to the first part of the Dhanasar framework, but to the second”
AAO decision text - other · discounted
“we examine the endeavor itself to evaluate its broader 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
- 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
Notable
AAO expressly declined to reach prongs two and three, citing Bagamasbad and Matter of L-A-C- for the proposition that agencies need not make advisory findings on unnecessary issues; the Petitioner's articles/industry-reports on occupational shortages in the field were treated as insufficient to establish importance of the specific endeavor itself.
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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