dismissedJUL192024_06B52032024-07-19 · 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 proposed to own and serve as CEO of a California-based company providing consultancy and training services—including sales management, marketing strategies, and process enhancement—to businesses in the trucking industry.
Field: trucking industry consulting/management · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found and AAO agreed the Petitioner qualified for EB-2 classification as an advanced-degree professional.
Prong 1 — national importancenot established · dispositive
“While these reports and articles attest to the importance of the trucking industry in the United States, they do not establish the national importance of the Petitioner's specific proposed endeavor.”
“he does not articulate how the Petitioner's company's work would extend beyond individual businesses to impact the supply chain and the trucking industry more broadly”
“The Petitioner has not established that his company's projected tax payments and profits would have a substantial positive economic effect indicative of national importance.”
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his clientele to impact the trucking industry more broadly at a level commensurate with national importance.”
AAO decision text
How the evidence was treated
- business plan · discounted
“The business plan does not state how these financial forecasts were calculated”
AAO decision text - recommendation letter · discounted
“he does not articulate how the Petitioner's company's work would extend beyond individual businesses”
AAO decision text - other · discounted
“none of the articles mention the Petitioner, or otherwise address the potential prospective impact of his proposed endeavor”
AAO decision text
Where this case turned
- 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
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
- Local, not national scope · p1 — impact confined to clients / a region
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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
- Flores v. Garland
- Matter of L-A-C-
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