dismissedAUG302021_02B52032021-08-30 · 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 finance, tax, and accounting consulting services to U.S. companies, including by opening her own accounting and tax consulting firm in Florida where she would serve as CEO.
Field: accounting, finance, and tax consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director and AAO found the Petitioner qualified as a member of the professions holding an advanced degree; this was not disputed.
Prong 1 — national importancenot established · dispositive
“The Petitioner's education, skills, and knowledge in her field, however, relate to the second prong of the Dhanasar framework”
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her employer and clientele”
“Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to her future work”
AAO decision text
How the evidence was treated
- other · discounted
“the relevant question is not the importance of the field, industry, or profession in which the individual will work”
AAO decision text - business plan · discounted
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
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
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Notable
The AAO explicitly framed its dismissal as resting on prong one alone, stating the finding 'considered as an independent and alternate basis for the decision,' even though only one prong was actually analyzed.
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.
- INA 203(b)(2)
- INA 291
- Poursina v. USCIS
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