dismissedJUL252024_09B52032024-07-25 · 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, a financial manager, proposed to start a financial consulting company offering an AI-generated financial education app aimed at improving financial literacy and management for individuals in economically distressed communities.
Field: financial services / financial consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found, and AAO did not dispute, that the Petitioner qualifies as a member of the professions holding an advanced degree.
Prong 1 — national importancenot established · dispositive
“the relevant question is not the importance ofthe field, industry, or profession in which the individual will work”
“the record does not contain sufficient details and supporting evidence to demonstrate how her company will reach the stated economic impact objectives”
“the business plan projects that her company will have four foll-time employees in the first year of operation and 211 employees after ten years of operation”
“the record does not demonstrate sufficient funds invested in the company”
“the letters do not reflect contractual work or investment commitments with the Petitioner's company”
AAO decision text
How the evidence was treated
- business plan · discounted
“the record does not contain sufficient details and supporting evidence to demonstrate how her company will reach the stated economic impact objectives”
AAO decision text - recommendation letter · discounted
“the letters do not reflect contractual work or investment commitments with the Petitioner's company”
AAO decision text - funding · discounted
“the record does not demonstrate sufficient funds invested in the company”
AAO decision text - certification membership · discounted
- media · discounted
“the articles, reports, and letters failed to establish that the Petitioner's specific endeavor has national implications”
AAO decision text
All 6 evidence items
- resume experience · discounted
“the Petitioner's skills, expertise, and abilities relate to the second prong of the Dhanasar framework”
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
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Funding absent · p1 — no documented funding or resources behind the plan
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
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Notable
AAO explicitly distinguishes between field importance (financial services/STEM) and the specific endeavor, rejecting Petitioner's argument that broader field significance suffices; petition failed solely on prong 1 with prongs 2-3 unaddressed.
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
- Matter of L-A-C-
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