dismissedMAR102026_02B52032026-03-10 · appeal · SCOPS 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 proposed to launch and operate a web development consultancy and digital design training academy in New York, offering IT consulting to small and medium enterprises and online coding courses, including free instruction for underserved and financially constrained learners.

Field: web development and digital design / IT training · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO both accepted that the Petitioner qualifies as an advanced degree professional; EB-2 threshold was not at issue on appeal.

Prong 1 — national importancenot established · dispositive

“the evidence does not establish that operating his web development and digital training consultancy will have broader implications or influence in his field that will rise to the level of national importance.”

“the Petitioner does not provide sufficient detail regarding the basis for these projections or adequately explain how the proposed staffing targets and revenue forecasts will be reached.”

“the relevant question when determining whether a proposed endeavor would have national importance is not the importance of the field, industry, or profession in which the individual will work.”

“the record does not establish that the endeavor will have a measurable impact beyond the Petitioner's employees and clients to reach the level of national or even global impact.”

“the Petitioner has not provided sufficient evidence that his specific endeavor would resolve the shortage or that his endeavor would stand to provide substantial economic benefits in the United States.”

AAO decision text

How the evidence was treated

business plan · discounted
“the Petitioner does not provide sufficient detail regarding the basis for these projections or adequately explain how the proposed staffing targets and revenue forecasts will be reached.”
AAO decision text
recommendation letter · discounted
“these letters do not discuss the Petitioner's specific proposed endeavor or offer concrete examples or detailed explanations demonstrating its national importance.”
AAO decision text
resume experience · discounted
“an individual's experience, qualifications, contributions, and achievements are material, they are misplaced in the context of the first Dhanasar prong.”
AAO decision text
other · discounted
“the record does not include adequate corroborating evidence, to show that the Petitioner's specific proposed endeavor offers broader implications in his field.”
AAO decision text

Where this case turned

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

The AAO explicitly noted that the Petitioner's professional experience and qualifications, while relevant to Prong 2, are 'generally immaterial' to Prong 1, reinforcing the strict separation between endeavor-level national importance and individual credentials. The decision also analogized directly to the Dhanasar precedent's own facts, noting that even teaching activities in that case did not rise to national importance, applying the same logic to this IT training and consulting business.

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