The Petitioner, a business manager with a background in IT-driven sales and commercial management, proposed to continue working in the U.S. as a business manager, later emphasizing insurance sales, using his strategic planning and market-analysis experience.

Prong 1 — national importanceestablished

“we are not convinced that the record as it is currently constituted supports the Petitioner's eligibility for a discretionary waiver”

“The first prong of the Dhanasar framework focuses on the proposed endeavor; not on the Petitioner's execution of that proposed endeavor.”

“it appears that the letters generally speak to the Petitioner's prior employment or independent contractual duties to the benefit of the individual employers or contractual partners.”

AAO decision text

Prong 2 — well positionedestablished

“We are skeptical the record as it is currently constituted reflects that the Petitioner is well positioned to advance their proposed endeavor.”

“the letters the Petitioner submitted only highlight past experiences and accomplishments, generally in information technology sales business management.”

“these documents appear to demonstrate that the Petitioner has entered or could enter into arrangements to provide a set of general or vague services as an agent.”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “the letters generally speak to the Petitioner's prior employment or independent contractual duties to the benefit of the individual employers or contractual partners”

  AAO decision text
• certification membership · discounted

  “Generally certificates or licenses earned by a Petitioner relate to them as an individual and their own personal development of their core skills.”

  AAO decision text
• business plan · discounted

  “it is their personal execution of their proposed endeavor which elevates it to a level of national importance ... expresses a fundamental misunderstanding”

  AAO decision text
• contract revenue · discounted

  “these documents appear to demonstrate that the Petitioner has entered or could enter into arrangements to provide a set of general or vague services as an agent”

  AAO decision text
• resume experience · discounted

  “would better serve a demonstration of eligibility under the second prong of the Dhanasar framework”

  AAO decision text

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
• Business plan speculative · p2 — projections without a documented basis or steps
• Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
• 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 AAO remanded largely on due-process/procedural grounds: the Director's RFE only addressed prong 2, yet the denial rested on failures under prongs 1 and 3 as well, denying the Petitioner a meaningful opportunity to respond ('functional deprivation of opportunity'). The AAO nonetheless previewed substantial skepticism about prongs 1 and 2 for the Director's benefit on remand, and expressly declined to consider the petitioner's minor child's achievements as relevant to the Dhanasar analysis.

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
• Flores v. Garland

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