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 business management consultant, proposed to facilitate trade between the United States and Brazil, helping clients expand their revenues through export.
Field: business management consulting / international trade with Brazil · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“These statements do not provide sufficient details about the endeavor, the clients, the nature of their business, the level of revenue expansion”
“The Petitioner generally states that the endeavor will involve an unspecified amount of trade between the United States and Brazil”
“We again reserve our opinion regarding whether the record satisfies the second or third Dhanasar prong.”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“the Petitioner has not shown that our prior decision contained errors of law or policy”
AAO decision text - recommendation letter · discounted
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
Notable
This is a second motion to reconsider; the AAO expressly limits its review to whether its immediately prior decision (dismissing the first motion) contained legal or factual error, declining to revisit earlier Director or appellate findings. A footnote explicitly reserves opinion on prongs 2 and 3, confirming prong 1 alone was dispositive throughout the proceedings.
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(a)(1)(i)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- INA 203(b)(2)
- INA 291
- Matter of E-M-
Cases in adjacent profiles
- The Petitioner proposed to work as an IT consultant in the United States, providing cybersecurity and digital transforma
- The petitioner proposed to establish his own company providing specialized business consultancy, auditing, and training
- The petitioner proposed to work as a consultant engineer through his own company, specializing in development projects t
- The Petitioner proposed to start a project management consultancy in the United States that would help small and mid-siz
- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution