dismissedDEC082025_02B52032025-12-08 · appeal
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 sought to establish and operate his own software automation, DevOps, and cybersecurity services firm in Florida, serving clients across healthcare, manufacturing, and logistics sectors.
Field: software development / IT automation and DevOps/cybersecurity services · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS and AAO agreed the Petitioner qualified as an advanced-degree professional based on his bachelor's degree plus five years of progressive experience.
Prong 1 — national importancenot established · dispositive
“merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor.”
“the national shortage of business technology professionals is not, in and of itself: sufficient to establish the national importance of the Petitioner's endeavor.”
“the Petitioner has not provided evidence that the area where his company intends to operate is economically depressed”
“the job creation and revenue projections included in the Petitioner's business plan are not supported by details showing their basis or an explanation of how those projections will be realized”
AAO decision text
Prong 2 — well positionednot established · dispositive
“the letters do not farther elaborate on or sufficiently explain how the Petitioner's work has been utilized in the field or otherwise constitutes a record of success.”
“the record lacks documentation of any progress towards achieving the proposed endeavor”
“the record includes more information about his achievements as a software developer than about the prospects of his proposed business.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“the letters do not farther elaborate on or sufficiently explain how the Petitioner's work has been utilized in the field”
AAO decision text - resume experience · discounted
“these documents describe the Petitioner's knowledge, skills, and abilities, which relate to the second prong of the Dhanasar framework”
AAO decision text - business plan · discounted
“the job creation and revenue projections included in the Petitioner's business plan are not supported by details showing their basis”
AAO decision text - degree · credited
- other · discounted
“merely working in an important field or profession is insufficient to establish the national importance 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
- 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
- Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
- No progress evidence · p2 — no documented movement toward the endeavor since filing
- Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable
AAO included a lengthy footnote analyzing HUBZone program eligibility requirements, questioning whether the Petitioner—being a non-U.S.-citizen sole owner—could even qualify for HUBZone certification, and cited Flores v. Garland for the proposition that NIW adjudication is discretionary.
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
- Flores v. Garland
- Matter of L-A-C-
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