dismissedAPR032024_01B52032024-04-03 · 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, an accountant, proposed to develop a financial literacy and compliance/financial-strategy consulting and training business, including providing financial literacy education to Florida high schools.
Field: accounting / financial literacy consulting and training · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director concluded the Petitioner qualifies for EB-2 classification as an advanced degree professional; this was not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“the Petitioner did not show that her proposed endeavor stands to sufficiently extend beyond her organization and its clients to impact the industry or field more broadly”
“the Petitioner did not establish that the endeavor has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects”
“the various articles and reports submitted to support these claims provide only a general analysis of financial literacy, do not discuss the Petitioner's specific endeavor”
AAO decision text
How the evidence was treated
- business plan · discounted
“the business plan did not describe the number of employees the business would hire, demonstrate a business need to hire additional employees”
AAO decision text - media · discounted
“provide only a general analysis of financial literacy, do not discuss the Petitioner's specific endeavor”
AAO decision text - recommendation letter · discounted
- motion resubmission · discounted
“the Petitioner primarily repeats the same claims made before the Director”
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
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
AAO expressly declines to reach prongs 2 and 3, citing Bagamasbad and Matter of L-A-C- for the principle that agencies need not make advisory findings once dispositive basis is identified.
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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