dismissedMAR142025_03B52032025-03-14 · 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 IT consultant, planned to serve as CEO of his own Florida-based LLC offering end-to-end IT consulting and digital transformation support to small and medium-sized businesses.
Field: information technology consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
Petitioner's bachelor's degree in computer science plus over five years of progressive experience satisfied the advanced degree professional requirement; not contested on appeal.
Prong 1 — national importancenot established · dispositive
“This data and these articles discuss the importance of small businesses and corporate taxes, but do not address the Petitioner's proposed endeavor.”
“The record does not indicate that the payment ofup to $458,124 in taxes and the employment ofup to 25 people is significantly high”
“The Petitioner does not provide evidence of how many people his company would train and does not establish how his company's training would extend beyond individual trainees”
“The record does not indicate, however, that any of the tools, knowledge, or services the Petitioner's company will offer are unique, innovative or otherwise have national or even global implications”
AAO decision text
How the evidence was treated
- business plan · discounted
“The record does not indicate that the payment of up to $458,124 in taxes and the employment of up to 25 people is significantly high”
AAO decision text - other · discounted
“This data and these articles discuss the importance of small businesses and corporate taxes, but do not address the Petitioner's proposed endeavor.”
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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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 L-A-C-
Cases in adjacent profiles
- The Petitioner proposed to work as an IT consultant in the United States, providing cybersecurity and digital transforma
- The petitioner proposed to establish his own company providing specialized business consultancy, auditing, and training
- The petitioner proposed to work as a consultant engineer through his own company, specializing in development projects t
- The Petitioner proposed to start a project management consultancy in the United States that would help small and mid-siz
- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution