dismissedDEC032024_01B52032024-12-03 · 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 work as an accountant, later reframing this as establishing an accounting/auditing business focused on audits of realty management companies and homeowners' association (HOA) issues.
Field: accounting/auditing · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found, and the AAO did not disturb, that the Petitioner qualified as an advanced degree professional.
Prong 1 — national importancenot established · dispositive
“The Petitioner did not provide further detail on the specific prospective occupation or proposed endeavor that he would focus on”
“Absent probative evidence to show the realistic potential of the Petitioner's company to operate at all, it is not evident that the company will generate revenue”
“he has not demonstrated that the endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for the nation”
“The record does not offer evidence sufficient to translate how the Petitioner's proposed endeavor of providing "accounting and auditing services" for his prospective clients stands to sufficiently impact U.S. interests”
AAO decision text
How the evidence was treated
- business plan · discounted
“Absent probative evidence to show the realistic potential of the Petitioner's company to operate at all”
AAO decision text
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
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
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Notable
The AAO expressly declined to reach prongs 2 and 3 after finding prong 1 dispositive, citing INS v. Bagamasbad and Matter of L-A-C- for the proposition that agencies need not make purely advisory findings on unnecessary issues.
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-
Cases in adjacent profiles
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- 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