dismissedAUG272024_06B52032024-08-27 · 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, an accountant, proposed to offer accounting consulting services to U.S. companies and small businesses—implementing modern accounting strategies, evaluating financial operations, reducing costs, and increasing efficiency and profitability.
Field: accounting · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the benefits to the regional or national economy resulting from her proposed endeavor would reach the level of "substantial positive economic effects"”
“the alleged shortage of occupations or occupational skills does not render her proposed endeavor nationally important under the Dhanasar framework.”
“the relevant question is not the importance of the industry or profession in which the individual will work; instead, we focus on "the specific endeavor that the foreign national proposes to undertake."”
“the Petitioner did not present independent objective evidence in the record below to corroborate her assertions.”
“the record does not show that her proposed endeavor has broader implications beyond her current and future customers.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“her recommendation letters did not describe the broader impact of the Petitioner's work on the national or global economy”
AAO decision text - business plan · discounted
“the Petitioner deduced from this data, without explanation, that her endeavor... will thereby affect the greater economy”
AAO decision text - other · discounted
“the letters... relate more to the second prong pertaining to whether a petitioner is well-positioned to advance their proposed endeavor”
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
- 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
The AAO withdrew the Director's finding that the endeavor lacked substantial merit, but still found national importance unestablished; it expressly declined ('reserved') to reach whether the Petitioner qualified as an advanced-degree professional/exceptional-ability individual or satisfied Dhanasar prong three, since the prong-one failure alone was dispositive.
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.
- Flores v. Garland
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
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- 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