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 CPA and financial advisor, proposed to own and operate a Florida-based financial advisory and business consulting firm.
Field: accounting / financial advisory and business consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
Record supports finding Petitioner qualifies as advanced degree professional based on foreign equivalent bachelor's degree plus five years progressive experience.
How the evidence was treated
- business plan · ignored
- recommendation letter · ignored
- funding · ignored
- other · ignored
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Notable
AAO found the Director's denial itself insufficient for review because it was conclusory and failed to address most of the record and Dhanasar factors, remanding without reaching or opining on the merits of any prong.
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)
- Flores v. Garland
What this case teaches
Analyst reading of the decision text.
Director's decision was conclusory, failed to analyze submitted evidence (business plan, expert letter, recommendations), misidentified the proposed endeavor after RFE, and omitted prongs 2 and 3 entirely, precluding meaningful appellate review.
Maintain a consistent, clearly stated endeavor description across filing and RFE response so adjudicators cannot claim confusion or material change in the claimed endeavor.
moderate
economic_growth_generic · economic_job_creation
mixed
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