dismissedDEC042023_14B52032023-12-04 · 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, a lawyer, proposed to continue working as an attorney assisting companies with investment opportunities and business transactions.
Field: law (business transactions and investment advisory services) · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found, and AAO did not disturb, that Petitioner qualifies as an advanced degree professional.
Prong 1 — national importancenot established · dispositive
“the record did not adequately demonstrate that these benefits, even if realized, would impact their field beyond the individuals utilizing their services or employed in the furtherance of their endeavor”
“the record as it is currently composed does not indicate that these prospective benefits rose to a level of national importance either through their broader implications influencing matters in the national interest or potential positive economic effects, such as influencing greater employment levels in historically high unemployment areas”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Local, not national scope · p1 — impact confined to clients / a region
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds →
Notable
AAO adopted and affirmed the Director's decision under Matter of Burbano rather than independently re-analyzing the evidence in detail, and expressly reserved prongs two and three as unnecessary given the dispositive prong one failure.
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. 103.3
- Matter of L-A-C-
- Poursina v. USCIS
Cases in adjacent profiles
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- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution