dismissedDEC112023_02B52032023-12-11 · 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 sought to establish and operate his own management consulting business in Florida, offering corporate strategy, financial advisory, HR, and marketing/sales consulting services to clients.
Field: management consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
Petitioner established EB-2 advanced degree professional eligibility based on foreign bachelor's degree plus progressive work experience.
Prong 1 — national importancenot established · dispositive
“we conclude the Petitioner has not shown that his proposed endeavor stands to sufficiently extend beyond his company and its clientele to impact the management consulting industry or the U.S. economy”
“these articles relate to the importance of the industry in general, rather than establishing the national importance of the Petitioner's specific endeavor”
“the Petitioner has not explained how the creation of 30 jobs in five years would have a substantial positive economic effect, either regionally or nationally, commensurate with national importance”
“the evidence does not demonstrate that the Petitioner's consulting services stand to have an impact on this shortage that would rise to the level of national importance”
“The evidence in the record does not establish that the Petitioner has a particular management consulting service model or methodology that is different from what is currently available”
AAO decision text
How the evidence was treated
- business plan · discounted
“the Petitioner has not explained how the creation of 30 jobs in five years would have a substantial positive economic effect”
AAO decision text - recommendation letter · discounted
“the record does not contain evidence that the Petitioner's past achievements have resulted in a broad impact on the consulting field”
AAO decision text - media · discounted
“these articles relate to the importance of the industry in general, rather than establishing the national importance of the Petitioner's specific 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
1,312coded 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
The Petitioner argued the Director's decision contained erroneous feminine pronouns suggesting a boilerplate or mismatched decision; the AAO acknowledged the error but found it harmless, citing Matter of O-R-E- on scrivener's errors, and proceeded with de novo review.
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-
- Matter of O-R-E-
- Poursina v. USCIS
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