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 sought to establish and operate an SAP/ERP software consulting company in Georgia providing advisory, development, implementation, support, and training services to client businesses.
Field: SAP/ERP software consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO agreed Petitioner has foreign equivalent bachelor's degree in industrial engineering, but noted the work experience letter lacked a specific description of job duties as required by 8 C.F.R. 204.5(g)(1); this deficiency was flagged for future proceedings but not made dispositive here since the Director already found EB-2 qualification met.
Prong 1 — national importancenot established · dispositive
“The business plan does not explain how the Petitioner's particular SAP software consulting services have the potential to result in the type of broad impact that would be commensurate with national importance.”
“the plan does not appear to provide any basis or support for the stated projections”
“these articles do not establish that the Petitioner's specific proposed endeavor-operating an SAP consulting firm-is nationally important”
“the Petitioner has not established that her SAP advisory services differ from those already available on the market, offer improvements or advancements that are replicable throughout the field”
“the Petitioner has not offered a sufficiently direct connection between her proposed endeavor and any demonstrable economic or social welfare effects”
AAO decision text
How the evidence was treated
- business plan · discounted
“the business plan does not appear to provide any basis or support for the stated projections”
AAO decision text - resume experience · discounted
“does not contain a specific description of the Petitioner's job duties, as required by 8 C.F.R. § 204.5(g)(1)”
AAO decision text - other · discounted
“this evidence primarily relates to the industry or field, rather than the proposed endeavor”
AAO decision text - other · discounted
“these decisions were not published as precedent and therefore do not bind USCIS officers in future adjudications”
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
- 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
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
Notable
AAO explicitly disagreed with the Director's narrow focus on tax revenue as the sole measure of economic impact, clarifying that Dhanasar does not require economic impact evidence and that impact can be shown other ways, but still found the business plan's growth projections unsupported and affirmed the ultimate national importance failure. AAO also distinguished the Petitioner's cited non-precedent AAO decisions, noting two predated Dhanasar and the third (a metallurgical engineer case) involved a more clearly impactful endeavor. AAO flagged a threshold EB-2 documentary deficiency (job duties in experience letter) for future proceedings without disturbing the Director's favorable threshold finding.
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. 103.3(c)
- 8 C.F.R. 204.5(g)(1)
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
- Matter of L-A-C-
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