The Petitioner, a business consultant/manager with banking experience, proposed to continue working in business administration, operations management, and tax/business consulting, helping U.S. companies and foreign investors improve strategies and expand into new markets.

Prong 1 — national importancenot established · dispositive

“broad assertions about his work in a general field which has national implications are insufficient to meet the requirements of this prong”

“the effects of his activity are limited to his and his employer's clients”

“the record does not include evidence to show that the Petitioner's employment in these positions would have broader implications for the field of operations management, or have substantial positive economic effects beyond those of the employer”

“this evidence is sufficient to show the substantial merit of operations management as a field, but does not show that the specific endeavor proposed by the Petitioner would be of national importance”

AAO decision text

Prong 2 — well positionedestablished

How the evidence was treated

• recommendation letter · credited
• other · discounted

  “this evidence is sufficient to show the substantial merit of operations management as a field, but does not show that the specific endeavor proposed by the Petitioner would be of national importance”

  AAO decision text
• business plan · discounted

  “the record does not indicate that they would allow the Petitioner to advance his proposed endeavor by helping these companies to improve strategies and practices”

  AAO decision text
• degree · credited

Where this case turned

• Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
• 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
• Local, not national scope · p1 — impact confined to clients / a region
• Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground

Notable

AAO analyzed multiple alternative descriptions of the proposed endeavor (business/tax consulting, general operations management, and a list of job openings) separately, finding each insufficient for national importance; explicitly analogized to the teaching activities discussed in Dhanasar itself.

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.

• INA 203(b)(2)

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