dismissedMAY022023_02B52032023-05-02 · 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, a computer user support specialist, proposed to continue working in the U.S. IT industry, helping organizations implement and improve their IT systems using agile methodologies and strategic planning.
Field: information technology / computer user support · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner must demonstrate the national importance of his specific, proposed endeavor of helping organizations rather than the importance of information technology and computer user support specialists”
“the shortage of information technology specialists and related occupations does not render his proposed endeavor nationally important under the Dhanasar framework”
“the Petitioner did not offer specific information and evidence to corroborate his assertions that the prospective impact of continuing his work to assist organizations rises to the level of national importance”
“the Petitioner did not show that his proposed endeavor has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects”
AAO decision text
How the evidence was treated
- other · discounted
“the shortage of information technology specialists and related occupations does not render his proposed endeavor nationally important”
AAO decision text
Where this case turned
- 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
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Notable
AAO explicitly declined to remand for underlying EB-2 classification determination since NIW eligibility itself was not established; decision emphasizes that occupational shortages are addressed through labor certification, not NIW national importance 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
- Matter of L-A-C-
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