dismissedAUG162024_10B52032024-08-16 · 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 develop and serve as general and operations manager of a financial and banking consulting firm providing consulting and advisory services to the credit union industry.
Field: financial and banking consulting for credit unions · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“The Director found the evidence of record insufficient to support the financial and employment projections in the Petitioner's business plan.”
“the Petitioner had not demonstrated the economic activity generated by her proposed endeavor would rise to the level of substantial positive economic effects for the regional or national economy”
“the Petitioner did not demonstrate her proposed endeavor would have broader implications, extending beyond her own company and clientele, and at a level commensurate with national importance”
AAO decision text
How the evidence was treated
- business plan · discounted
“the evidence of record insufficient to support the financial and employment projections in the Petitioner's business plan”
AAO decision text - resume experience · discounted
- recommendation letter · discounted
- other · discounted
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
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
AAO expressly adopted and affirmed the Director's prong-one analysis under Matter of Burbano rather than conducting independent de novo discussion; rejected Petitioner's due-process argument (citing Matter of M-P-) that declining to reach prongs two and three was improper, distinguishing M-P- as involving an unexplained denial.
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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