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 software developer with over 35 years of experience, proposed to grow his own consulting company providing software and systems development services to U.S. businesses across sectors including finance, and to attract Brazilian companies investing in the United States.
Field: software development / systems consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director and AAO found the Petitioner qualified as an advanced degree professional (master's equivalent).
Prong 1 — national importancenot established · dispositive
“Much of the Petitioner's evidence relates to small businesses generally, rather than his specific proposed endeavor.”
“The Petitioner does not explain how the article demonstrates that his specific proposed endeavor is of national importance.”
“this data does not support the Petitioner's assertion that his proposed endeavor to improve the efficiency of small businesses in Florida will have a national-level impact”
“the projections of the Petitioner's company's job creation and profit as stated in his initial and September 2022 business plans are not supported with sufficient independent, objective evidence”
“Nor does the evidence demonstrate that the use of the Petitioner's experience will reach beyond benefitting his own company and clients or have broader implications within the field of software development.”
“does not describe or analyze the Petitioner's specific proposed endeavor”
AAO decision text
How the evidence was treated
- business plan · discounted
“the projections of the Petitioner's company's job creation and profit...are not supported with sufficient independent, objective evidence”
AAO decision text - recommendation letter · discounted
“these qualities relate to the second prong of the Dhanasar framework...not the issue here”
AAO decision text - media · discounted
“does not explain how the article demonstrates that his specific proposed endeavor is of national importance”
AAO decision text - other · discounted
“the advisory opinion is of little probative value as it does not meaningfully address the details of the Petitioner's proposed endeavor”
AAO decision text - citations publications · ignored
All 6 evidence items
- motion resubmission · discounted
“the Petitioner relies upon the evidence he previously submitted”
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
Notable
AAO expressly credited substantial merit (agreeing with Director) but found national importance unmet based on articles being too generic and business plan projections lacking independent support; declined to reach prongs 2 and 3 but included a footnote stating it would have dismissed on those grounds too, citing the appeal's failure to present new evidence beyond what was already addressed below.
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
- 8 C.F.R. 204.5(k)(2)
- INA 203(b)(2)
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Evidence (industry articles, business plan, expert letter) addressed the software/small-business field generally and petitioner's personal qualifications, not the specific endeavor's national-scale impact, failing prong one.
Tie all industry data, expert opinions, and business projections directly to the specific proposed endeavor's prospective national-level impact, not general field trends or personal credentials.
vague
economic_job_creation · economic_growth_generic · stem_positive_factor · geographic_or_shortage_area
person_focused
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