dismissedJUL152024_12B52032024-07-15 · 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 proposed to establish an IT consulting services business in an unspecified U.S. location, helping businesses achieve optimization, effectiveness, and digital transformation through customized IT solutions.
Field: Information Technology (IT) consulting · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Director concluded that the Petitioner did not establish that her proposed endeavor would have a broader impact on the IT field”
“these employment projections are not supported by details showing their basis or an explanation of how they will be realized”
“in determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work”
“the articles and reports do not discuss any particulars of the Petitioner's proposed endeavor or its prospective impact rising to the level of national importance”
“the Petitioner has not established how providing her IT consulting services stands to sufficiently extend beyond her clients to impact the field more broadly”
“does not offer any persuasive detail concerning the Petitioner's proposed endeavor or how her endeavor's impact would extend beyond the companies that she will serve”
AAO decision text
How the evidence was treated
- business plan · discounted
“these employment projections are not supported by details showing their basis or an explanation of how they will be realized”
AAO decision text - recommendation letter · discounted
“does not offer any persuasive detail concerning the Petitioner's proposed endeavor or how her endeavor's impact would extend beyond the companies that she will serve”
AAO decision text - other · discounted
“the articles and reports do not discuss any particulars of the Petitioner's proposed endeavor or its prospective impact rising to the level of national importance”
AAO decision text - resume experience · discounted
“the Petitioner's expertise and record of success in previous positions are considerations under Dhanasar's second prong”
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
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
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Notable
The Director had found both prong 1's substantial merit and prong 2 satisfied; the appeal turned solely on prong 1's national importance element, and the AAO expressly declined to reach prong 3. The decision also notes a footnote dismissing a scrivener's error argument regarding a misplaced quotation mark as non-prejudicial.
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.
- Flores v. Garland
- Matter of Caron Int'l
- Matter of D-R-
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