dismissedAPR122024_03B52032024-04-12 · motion_reconsider · 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 business administrator, proposed to operate her own management consulting business assisting small and medium-sized companies with management tools and practices.
Field: business management consulting · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“she neither explained nor demonstrated how her specific proposed endeavor would have national importance within those contexts”
“simply expressing an intent to starting a small business in the management consulting field is insufficient to demonstrate the national importance required for a national interest waiver”
“she has not offered an evidentiary basis to support these broad assertions regarding the potential indirect economic and social impacts of her specific proposed endeavor”
“the record does not show that the impact of her specific proposed endeavor stands to sufficiently extend beyond her own company and its clientele”
AAO decision text
How the evidence was treated
- other · discounted
“simply expressing an intent to starting a small business in the management consulting field is insufficient to demonstrate the national importance”
AAO decision text - motion resubmission · discounted
“she repeats arguments that we already addressed in our prior decision”
AAO decision text
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
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Notable
This is a motion to reconsider following a prior AAO appeal dismissal; the AAO's review was limited to whether its prior decision misapplied law/policy, and it found the Petitioner merely repeated earlier arguments about the general importance of small businesses and management consulting rather than her specific endeavor.
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. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
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