dismissedDEC272023_03B52032023-12-27 · motion_reopen · 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, an IT entrepreneur, proposed to run a company providing IT-related services (with an emphasis on business intelligence) to customers in the United States.
Field: information technology · Read the decision (uscis.gov)
Prong 1 — national importancenot established
“we concluded that the Petitioner had not shown that his proposed endeavor would have a broader impact on the IT field.”
“We also concluded that the Petitioner's assertions about job creation appeared to be conjectural.”
AAO decision text
How the evidence was treated
- business plan · discounted
“More details about his company's services do not overcome these deficiencies.”
AAO decision text - other · discounted
“background information about IT and entrepreneurship, which is not specific to 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
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
Decision is primarily a procedural dismissal of an untimely motion to reopen (failure to show delay was beyond petitioner's control due to proper service on attorney of record); the merits discussion of prong 1 appears only in a footnote as an alternative basis.
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. 103.5
- Matter of Coelho
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