dismissedAPR192022_01B52032022-04-19 · motion_reconsider · Nebraska 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 manage a business consulting company providing consulting services to help U.S. and Brazilian companies expand trade and business between the two countries.
Field: business management consulting / international trade (U.S.-Brazil) · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the record does not establish how the endeavor would have broader implications in terms of significant potential to employ U.S. workers or have substantial positive economic effects, beyond the Petitioner's employer and clients”
“the record lacks evidence establishing how the proposed endeavor's potential to employ between four and eight direct workers, and indirectly contribute toward up to 44 jobs in 22 industries, has the potential to create a significant economic impact”
“These statements do not provide sufficient details about the endeavor, the clients, the nature of their business, the level of revenue expansion, and other relevant, probative, and credible information”
AAO decision text
How the evidence was treated
- business plan · discounted
“Simply providing a number of workers to be employed and taxes to be paid, without more, does not provide sufficient context”
AAO decision text - motion resubmission · discounted
“The Petitioner has not demonstrated that we misapplied Dhanasar in this respect.”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
Motion to reconsider only; AAO reiterates it will not reach prongs 2 or 3 having found prong 1 dispositive. Petitioner's argument distinguishing 'significant potential to employ' from 'potential to employ a significant number' of workers was explicitly rejected as not demonstrating misapplication of Dhanasar.
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)(3)
- Matter of E-M-
- Matter of L-A-C-
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