The Petitioner, a designer specializing in brand creation, intended to provide product design services to U.S. companies to foster their growth, innovation, customer loyalty, and profitability.

Prong 1 — national importancenot established · dispositive

“the Petitioner does not provide sufficient explanation detailing his innovation or "new benchmarks" he will create for the design industry as a whole”

“the Petitioner must establish the national importance of his business rather than the importance of designers or the overall money invested in the advertising industry”

“Without sufficient evidence regarding the projected U.S. economic impact or job creation directly attributable to his future work, the record does not show that benefits to the regional or national economy resulting from the Petitioner's endeavor would reach the level of "substantial positive economic effects" contemplated by Dhanasar”

AAO decision text

How the evidence was treated

• resume experience · discounted

  “the Petitioner does not provide sufficient explanation detailing his innovation or "new benchmarks" he will create for the design industry as a whole”

  AAO decision text
• other · discounted

Where this case turned

• 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

AAO expressly adopted and affirmed the Director's decision under Matter of Burbano, citing multiple circuit courts' endorsement of that practice, and emphasized the discretionary nature of NIW adjudication via Flores v. Garland before declining to reach prongs two and three.

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
• Chen v. INS
• Flores v. Garland
• Matter of L-A-C-

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