dismissedJUN152023_03B52032023-06-15 · 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, an experienced IT/computer systems manager, proposed to work as an executive-level IT product manager and entrepreneur through his own IT consulting business offering product management and online training services to small and medium U.S. businesses.

Field: computer and information systems management / information technology · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional via bachelor's degree plus five years of progressive experience; AAO did not disturb this finding.

Prong 1 — national importancenot established · dispositive

“the record lacks evidence showing that the creation of 84 jobs and paying wages of 8.5 million dollars in five years rises to the level of national importance”

“The Petitioner's claims that his business will benefit the U.S. economy with new jobs, improved wages, and tax revenue, has not been established through independent and objective evidence”

“working in the information technology field or starting an information technology product management consulting business with online training services is insufficient to establish the national importance of the proposed endeavor”

“The Petitioner does not demonstrate that his proposed endeavor extends beyond his future clients or employers, to impact the field or any other industries or the U.S. economy more broadly”

“the record does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized”

AAO decision text

How the evidence was treated

business plan · discounted
“the record does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized”
AAO decision text
recommendation letter · discounted
“these documents relate to the second prong of the Dhanasar framework, which shifts the focus from the proposed endeavor to the foreign national”
AAO decision text
resume experience · discounted
“these documents relate to the second prong of the Dhanasar framework”
AAO decision text
other · discounted
“Where an opinion is not in accord with other information or is in any way questionable, USCIS is not required to accept it or may give it less weight”
AAO decision text
media · discounted
“The industry reports and articles submitted do not discuss any projected U.S. economic impact or job creation specifically attributable to the Petitioner's proposed endeavor”
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
Local, not national scope · p1 — impact confined to clients / a region
Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar

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Notable

AAO relied on an expert opinion letter that focused on field-wide IT worker shortages and Brazil market opportunities rather than the petitioner's specific endeavor, illustrating the field_importance_conflated_with_endeavor pattern; decision explicitly declined to reach prongs 2 and 3 as unnecessary.

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
8 C.F.R. 204.5(k)(2)
Matter of E-M-
Matter of L-A-C-
Poursina v. USCIS

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