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 own and operate a footwear company she formed about three months before filing, selling customized 'inclusive fashion' footwear for individuals with disabilities and the general consumer population.
Field: business management / specialized footwear retail · Read the decision (uscis.gov)
Prong 1 — national importanceestablished
“the Petitioner did not adequately describe her proposed endeavor or explain with specificity what she intends to do in the business management field”
“Although the record appears to support the Director's conclusion, it does not support the underlying analysis and reasoning that served as the basis for that conclusion.”
AAO decision text
How the evidence was treated
- business plan · credited
- other · discounted
“statements in a brief, motion, or Notice of Appeal are not evidence and thus are not entitled to any evidentiary weight”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
Notable
AAO found the Director's own basis for denial (vague endeavor description) was factually incorrect given the Petitioner's affidavit and business plan, and remanded for the Director to properly apply Dhanasar rather than resolving the prongs itself; this is a case of AAO correcting a Director's factual/analytical error rather than affirming a prong failure.
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
What this case teaches
Analyst reading of the decision text.
Director incorrectly concluded the endeavor was vague/undescribed, relying only on counsel's statements while ignoring the Petitioner's affidavit and business plan; case remanded for proper analysis.
Ensure adjudicators evaluate petitioner's own affidavits and business plans, not just counsel's briefing, when assessing whether an endeavor is adequately described.
specific
economic_growth_generic
endeavor_focused
Cases in adjacent profiles
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers