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 proposed to establish a consulting business in Texas specializing in business intelligence and modernization of administrative, accounting, and controlling systems, offering services to small and medium-sized enterprises and financial courses to the Hispanic community and young adults.
Field: business/financial consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found Petitioner qualified for EB-2 classification as an advanced degree professional; this was not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“we adopt and affirm the Director's ultimate determination relating only to the national importance requirements under Dhanasar 's first prong with the added comments below.”
AAO decision text
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Notable
The AAO's analysis is largely procedural: it adopts and affirms the Director's national-importance determination without independently detailing the evidentiary shortcomings, and devotes most of its discussion to rejecting the Petitioner's harmless-error/failure-to-consider-evidence argument (citing Buletini, Shinseki, Molina-Martinez, and related cases) rather than substantively re-analyzing the endeavor's national importance. Prongs two and three were expressly reserved as unnecessary.
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
- Buletini v. INS
- INA 203(b)(2)
- Matter of L-A-C-
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