dismissedAPR052024_01B52032024-04-05 · 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 sought to establish and run an IT consulting business in Florida focused on strategic consulting in integrated management systems and related software.
Field: IT consulting / integrated management systems · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found, and it was not disputed, that the Petitioner qualifies as an advanced degree professional based on his MBA.
Prong 1 — national importancenot established · dispositive
“the plan does not explain how this goal was determined, how it will be achieved, or why it is a realistic one for the company's initial projected business activity”
“we cannot assess whether the stated revenue estimates and job creation numbers are credible”
“the record also does not establish that the creation of 43 jobs in 5 years, even in an economically depressed area, has the potential for broad implications that would rise to the level of national importance”
“reports and articles submitted relate to the importance of the industry, rather than establishing the importance of the Petitioner's specific endeavor”
AAO decision text
How the evidence was treated
- business plan · discounted
“the plan does not sufficiently explain the basis for the stated projections”
AAO decision text - other · discounted
“reports and articles submitted relate to the importance of the industry, rather than establishing the importance of the Petitioner's specific endeavor”
AAO decision text
Where this case turned
- Business plan speculative · p1 — projections without a documented basis or steps
- 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
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Notable
The AAO expressly declined to reach prongs 2 and 3 after finding prong 1 (national importance) dispositive, citing INS v. Bagamasbad and Matter of L-A-C- for the proposition that agencies need not make advisory findings on unnecessary issues.
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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