The Petitioner sought to work as an independent IT consultant, providing information technology infrastructure design, implementation, and maintenance services to U.S. companies.

Prong 2 — well positionednot established · dispositive

“It is insufficient to allege eligibility through conclusory assertions that are not supported by sufficient evidence, which proves the allegation.”

“We do not find Professor opinion letter to be of sufficient value to support the Petitioner's claims under the second Dhanasar prong.”

“This personal plan is less like a business plan than it is a summary of the Petitioner's work history and qualifications”

“Nor does the evidence show that her track record of nmning various businesses, plans for future activities, and progress towards establishing her new company in the United States rise to the level of rendering her well positioned”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “It is insufficient to allege eligibility through conclusory assertions that are not supported by sufficient evidence, which proves the allegation.”

  AAO decision text
• resume experience · discounted

  “the letters contain general information such as the job title or their appreciation for her services”

  AAO decision text
• certification membership · ignored

  “the Petitioner does not explain the role those certifications should play in her showing she is well positioned to move the endeavor forward”

  AAO decision text
• business plan · discounted

  “it does not adequately aid the Petitioner in demonstrating she is well positioned to advance the proposed endeavor”

  AAO decision text

Where this case turned

• 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

AAO withdrew the Director's favorable threshold determination on advanced-degree professional status due to deficient experience letters, but this did not affect the outcome because the dispositive failure was under Dhanasar prong two; AAO invoked a prejudice requirement (citing Shinseki v. Sanders and Molina-Martinez) to reject the Petitioner's claim that the Director failed to address certain evidence types (published materials, judging roles).

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.

• Flores v. Garland
• Matter of Ho

Cases in adjacent profiles

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• 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