The Petitioner, a marine environmentalist/environmental economist, proposed to offer consulting services to private companies and government agencies in the U.S. on knowledge management, economic instruments for environmental policy, and evaluation of environmental interventions.

Prong 1 — national importancenot established

“the record, however, does not include evidence of the Petitioner's proposed projects in the United States, or other information about the specific consulting work the Petitioner will undertake in this country”

“The Petitioner has not provided adequate information to establish that his proposed work as a consultant has implications at a level sufficient to establish the national importance of his endeavor.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“the record does not show that this past experience renders him well positioned to advance his proposed endeavor aimed at starting an environmental economics consulting service”

“The record does not reflect sufficient interest from potential customers, users, investors, or other relevant entities or individuals to demonstrate that he is well positioned to advance his proposed consultancy business.”

“Nor does the evidence show that the Petitioner's track record of running a business, plan for future activities, and progress towards establishing his company rise to the level of rendering him well positioned to advance the proposed endeavor.”

AAO decision text

How the evidence was treated

• degree · credited
• resume experience · discounted

  “the record does not show that this past experience renders him well positioned to advance his proposed endeavor”

  AAO decision text
• certification membership · discounted

  “the record does not show that this past experience renders him well positioned to advance his proposed endeavor”

  AAO decision text
• business plan · discounted

  “the Petitioner's track record of running a business, plan for future activities, and progress towards establishing his company rise to the level”

  AAO decision text
• other · credited

Where this case turned

• Endeavor too vague · p1 — described as a job role, not a defined undertaking
• Business plan speculative · p2 — projections without a documented basis or steps
• No progress evidence · p2 — no documented movement toward the endeavor since filing
• Record of success insufficient · p2 — a claimed track record the documents do not establish

Notable

The Director's original denial ground—failure to submit Form ETA-750B—was withdrawn on appeal after Petitioner supplied the properly executed form; however, the appeal was still dismissed on the merits for failing Dhanasar prongs 1 and 2. NYSDOT is cited only in a footnote as the vacated prior framework, not applied.

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)
• Matter of E-M-

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