dismissedSEP282023_01B52032023-09-28 · appeal · Texas Service Center

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 Brazilian cargo-broker consultant, sought to expand his U.S. consulting business helping entrepreneurs and small/medium U.S. businesses enter foreign markets and 'go global.'

Field: international trade / cargo-broker consulting · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO found, contrary to the Director, that the Petitioner did not establish exceptional ability: his academic record showed incomplete coursework, his self-signed and bias-prone experience letters lacked credibility, his income history was inconsistent, his professional membership letter was signed by a client and the organization's professional status was unproven, and his recognition letters did not show significant achievements or contributions.

Prong 1 — national importancenot established · dispositive

“the Petitioner has not demonstrated that his spec[fic endeavor would have national implications for the economy or the field of international trade.”

“we do not find the projected number of indirect jobs that the Petitioner's endeavor would create to be credible.”

AAO decision text

How the evidence was treated

business plan · discounted
“the Petitioner has not demonstrated that his specific endeavor would have national implications for the economy or the field of international trade”
AAO decision text
resume experience · discounted
“his self-signed letter, in the absence of other independent objective evidence, lacks credibility regarding his duties with his company”
AAO decision text
certification membership · discounted
“because of potential bias in the Petitioner's favor, the membership letter may not be credible”
AAO decision text
degree · discounted
“the document does not indicate his completion of the requisite number of credits to obtain a degree”
AAO decision text
recommendation letter · discounted
“the letters do not establish his achievements or significant contributions in the international trade field”
AAO decision text

All 6 evidence items

other · discounted
“we do not find the projected number of indirect jobs that the Petitioner's endeavor would create to be credible”
AAO decision text

Where this case turned

Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
Local, not national scope · p1 — impact confined to clients / a region

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Notable

Although the Director had found the Petitioner qualified as a noncitizen of exceptional ability and had not flagged that issue as deficient, the AAO reversed that finding sua sponte on appeal, cataloguing credibility and quality problems with each of the three criteria the Director had credited, and instructed the Petitioner that he 'must submit additional evidence of his claimed exceptional ability' in any future filing, even though this threshold finding was not dispositive and the appeal was resolved on national importance alone.

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. 204.5(k)(2)
8 C.F.R. 204.5(k)(3)(ii)
Matter of Ho
Matter of L-A-C-
USCIS Policy Manual F.5(B)(2)

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