dismissedJAN082024_02B52032024-01-08 · combined · 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 operate an information technology consulting company serving clients in the U.S.
Field: information technology consulting · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“We explained that the Petitioner had not shown that his proposed endeavor would extend beyond his company and its clients to impact the information technology consulting field”
“the Petitioner had not demonstrated that his undertaking has significant potential to employ U.S. workers or would result substantial positive economic benefits to the regional or national economy”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“the Petitioner makes vague and general assertions that USCIS disregarded unspecified evidence”
AAO decision text
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
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
Petitioner raised an irrelevant Fourth Amendment argument, claiming evidence was not 'properly analyzed,' which the AAO rejected as unrelated to the grounds of the underlying decision, citing Matter of O-S-G-.
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 O-S-G-
Cases in adjacent profiles
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- 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