dismissedDEC052023_05B52032023-12-05 · 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 general and operations manager, sought to establish a human resources consulting business, projecting revenue, job creation, and broader industry 'ripple effects,' with plans to locate in HUBZones.
Field: human resources consulting / general and operations management · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“Deloitte's statistics and other similar evidence are not comparable to the Petitioner's endeavor in either size or scope”
“As such, they appear to be little more than conjecture.”
“are not indicative of contributions in the field but rather to those who hire her for her services”
“this is not sufficient to establish the national importance of the specific proposed endeavor”
AAO decision text
How the evidence was treated
- business plan · discounted
“they appear to be little more than conjecture”
AAO decision text - recommendation letter · discounted
- resume experience · discounted
- other · discounted
“they are not probative of the broader implications of the proposed endeavor”
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
- 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
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
AAO used the 'adopt and affirm' procedural mechanism to affirm the Director's prong-one findings rather than conducting independent analysis; the Petitioner's HUBZone location argument was rejected as not substantiating economic growth projections.
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
- Chen v. INS
- Matter of L-A-C-
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