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 change management manager/consultant, proposed to continue consulting work implementing organizational change management, including through a small business.
Field: change management · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the record does not sufficiently demonstrate that the consulting activities offer benefits that extend beyond the Petitioner's clients to impact the industry more broadly”
“she had not sufficiently detailed how a small business would impact a given region in which she is located”
“the Petitioner had not provided evidence of the broader implication for the field”
AAO decision text
How the evidence was treated
- business plan · discounted
“the financial projections from the business plan were insufficient to show national impact”
AAO decision text - motion resubmission · discounted
“restates issues we have already considered in our previous decisions”
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
- Local, not national scope · p1 — impact confined to clients / a region
Notable
This is a second motion to reconsider following a prior appeal dismissal and a prior motion to reconsider dismissal, both on prong 1 national importance grounds. The Petitioner argued the AAO conflated prong 1 and prong 2 analysis (e.g., past achievements/economic impact should belong to well-positioned prong), but AAO rejected this as a misinterpretation and found the motion merely restated prior arguments.
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)
- Matter of Coelho
- Matter of L-A-C-
- Matter of O-S-G-
Cases in adjacent profiles
- The Petitioner proposed to work as an IT consultant in the United States, providing cybersecurity and digital transforma
- The petitioner proposed to establish his own company providing specialized business consultancy, auditing, and training
- The petitioner proposed to work as a consultant engineer through his own company, specializing in development projects t
- The Petitioner proposed to start a project management consultancy in the United States that would help small and mid-siz
- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution