dismissedJUN122024_04B52032024-06-12 · 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 sought to use his information systems expertise to establish his own IT consulting business in the U.S., providing consulting, development, training, and cybersecurity services to small and medium-sized companies, NGOs, and government entities.

Field: information systems / IT consulting · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO withdrew the Director's finding that the foreign credential (a 3-year titulo de bacharel) was equivalent to a U.S. baccalaureate degree, questioning the credential evaluation's accuracy, and separately found the submitted employment letters did not demonstrate five years of progressive post-baccalaureate experience in the specialty.

Prong 1 — national importancenot established · dispositive

“the record does not sufficiently establish the Petitioner's specific endeavor to demonstrate the national importance of his proposed endeavor”

“Absent probative evidence to show the realistic potential of the Petitioner's company to operate at all, it is not evident that the company will generate revenue”

“he has not demonstrated that the endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects”

AAO decision text

How the evidence was treated

degree · discounted
“we question the evaluation's accuracy”
AAO decision text
resume experience · discounted
“do not demonstrate that the Petitioner obtained five years of "progressive" experience in the specialty”
AAO decision text
business plan · discounted
“Absent probative evidence to show the realistic potential of the Petitioner's company to operate at all”
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
Endeavor too vague · p1 — described as a job role, not a defined undertaking

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Notable

AAO independently withdrew the Director's favorable degree-equivalency finding, relying on AACRAO EDGE data to question a private credentialing evaluation's accuracy, then found the threshold EB-2 classification unmet even though the Director had partially credited it; the prong 1 finding was treated as dispositive and prongs 2-3 were expressly reserved.

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
Chen v. INS
Matter of L-A-C-

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