dismissedJAN312025_02B52032025-01-31 · 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 intended to serve as CEO of a Florida-based company expanding his existing Brazilian property management software application into various U.S. markets.
Field: condominium/property management software · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found Petitioner qualified for underlying EB-2 classification as an advanced degree professional; not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his clientele to impact the property management software industry or otherwise impact economic initiatives more broadly”
“the support for these figures has not been provided”
“the Petitioner has not explained how he will obtain this number of users”
“he has not explained why revenue from other businesses should be attributed to his proposed endeavor”
“the record does not demonstrate that benefits to the regional or national economy resulting from the Petitioner's undertaking would reach the level of "substantial positive economic effects"”
AAO decision text
How the evidence was treated
- business plan · discounted
“the support for these figures has not been provided”
AAO decision text - recommendation letter · ignored
- resume experience · discounted
- other · discounted
“he has not provided evidence showing that it is similarly innovative compared to the property management software industry in the United States”
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
1,312coded 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
The AAO reserved opinion on prong three but implicitly addressed prong two issues (well-positioned) within the prong one economic analysis, citing lack of user-acquisition explanation and unverified prior business performance in Brazil.
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
- Flores v. Garland
- INA 203(b)(2)
Cases in adjacent profiles
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers