dismissedAUG272024_03B52032024-08-27 · 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 continue working in the United States as a financial analyst in the financial planning and advice industry, asserting his work would boost commercial and investment activity, revenues, and job creation.

Field: financial analysis / financial planning and advice · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO withdrew the Director's finding that the Petitioner qualified as an advanced degree professional, because the employment letters showed experience predating his baccalaureate degree and thus did not establish five years of post-baccalaureate progressive experience; exceptional-ability eligibility was reserved.

Prong 1 — national importancenot established · dispositive

“It is insufficient to claim an endeavor has national importance or would create a broad impact without providing evidence to substantiate such claims.”

“the national shortage of financial professionals is not, in and of itself, sufficient to establish the national importance of the Petitioner's endeavor.”

“the relevant question is not the importance of the industry, sector, or profession in which the individual will work”

“the letters of recommendation do not offer persuasive detail concerning the impact of his proposed endeavor and how it would extend beyond his clients.”

“the Petitioner has not shown that his proposed endeavor stands to sufficiently extend beyond his future customers and employer(s) to impact his field of financial services”

AAO decision text

How the evidence was treated

recommendation letter · discounted
“the letters of recommendation do not offer persuasive detail concerning the impact of his proposed endeavor and how it would extend beyond his clients.”
AAO decision text
resume experience · discounted
“the letters do not demonstrate post-baccalaureate experience.”
AAO decision text
media · discounted
“the national shortage of financial professionals is not, in and of itself, sufficient to establish the national importance of the Petitioner's endeavor.”
AAO decision text
business plan · discounted
“the Petitioner has not provided evidence demonstrating that his proposed endeavor would operate on such a scale as to rise to a level of national importance.”
AAO decision text

Where this case turned

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
Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
Local, not national scope · p1 — impact confined to clients / a region
Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar

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Notable

AAO withdrew the Director's threshold EB-2 finding sua sponte (petitioner had been found to qualify below) and instead denied on prong 1 of Dhanasar, expressly reserving both the exceptional-ability classification question and Dhanasar prongs 2 and 3 as unnecessary to reach.

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. 204.5(k)(2)
Flores v. Garland
Matter of L-A-C-
USCIS Policy Manual F.5(B)(2)

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