dismissedMAY252023_03B52032023-05-25 · 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 lawyer specializing in international taxation, proposed to establish and serve as managing partner of a new Florida law firm providing international tax and legal consulting services for cross-border investment between the U.S., Brazil, and Latin America.
Field: international tax law / legal consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
Petitioner established eligibility as an advanced degree professional; Director's finding on this point was undisturbed.
Prong 1 — national importancenot established · dispositive
“he has not shown that his firm would open locations in one or more economically depressed areas”
“the direct employment, indirect job creation. and revenue projections included in the Petitioner's business plan are not supported by details showing their basis”
“he has not shown that his firm's projected $4.3 million in revenue has the potential to have a significant economic or other impact on this $331 billion industry”
“A determination regarding the claimed national importance of a specific proposed endeavor cannot be inferred based on the Petitioner's past achievements”
“she does not address his business plan, the specific proposed endeavor and its prospective substantial economic impact”
“much of the content of the expert opinion letter lacked relevance and probative value with respect to the national importance”
AAO decision text
How the evidence was treated
- business plan · discounted
“not supported by details showing their basis or an explanation of how those projections will be realized”
AAO decision text - media · discounted
“the relevant question is not the importance of the industry or profession in which the individual will work”
AAO decision text - recommendation letter · discounted
“much of the content of the expert opinion letter lacked relevance and probative value”
AAO decision text - degree · credited
- other · discounted
“insufficient support for a determination that the Petitioner's final dissertation is likely to be widely disseminated”
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
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
- 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
Petitioner's HUBZone-based argument for economic impact was rejected because he failed to specify a concrete business location or show actual participation in the SBA HUBZone program.
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.
- Matter of Caron Int'l
- Matter of D-R-
- Matter of L-A-C-
- Poursina v. USCIS
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