dismissedJUL122023_01B52032023-07-12 · 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, an IT professional with over 25 years of experience, proposed to establish his own IT consulting company focused on end-user computing and project management, with plans to eventually expand across the United States.
Field: information technology consulting · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner has not demonstrated that his endeavor's impact would rise to the level of national importance”
“If the business employs less workers than the Petitioner claims, it might also generate less revenues”
“the record does not indicate that the business would benefit an economically depressed area”
“the Petitioner has not sufficiently demonstrated that his particular endeavor would generate enough U.S. jobs, attract enough investments”
AAO decision text
How the evidence was treated
- business plan · discounted
“the company's business plan details only five full-time employees”
AAO decision text - other · discounted
“industry reports and articles regarding the importance of immigrant entrepreneurs to the U.S. economy”
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
AAO agreed the endeavor had substantial merit (first prong element) but found national importance lacking due to discrepancy between claimed and actual employee counts in the business plan; declined to reach prongs 2 and 3 citing Bagamasbad.
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