dismissedFEB242023_01B52032023-02-24 · 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, a financial advisor and business owner in Florida, proposed to continue offering her financial advisory services, asserting this would generate broad economic ripple effects and contribute to U.S. GDP.
Field: financial advisory · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner has not established that her proposed endeavor, including operating her own business, sufficiently extends beyond her company and its clientele to impact the industry or the field more broadly”
“the relevant question is not the importance of the industry or profession in which the individual will work”
“the Petitioner has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects”
AAO decision text
How the evidence was treated
- other · discounted
“industry reports and articles relating to the value of financial workers in the United States”
AAO decision text - resume experience · discounted
“the Petitioner's experience and abilities in her field relate to the second prong”
AAO decision text
Where this case turned
- 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
2,501coded 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
AAO adopted and affirmed the Director's decision in full under Matter of Burbano rather than conducting independent analysis; only prong 1 was reached, with the Director having already conceded substantial merit and advanced-degree qualification.
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
- Chen v. INS
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