dismissedMAY302024_05B52032024-05-30 · 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 accountant, proposed to open a Texas-based consultancy offering accounting, tax, advisory, and audit services to small and medium-sized enterprises, using a proprietary business-analysis system and an accompanying educational platform.

Field: accounting/tax consulting · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO found the record did not establish five years of progressive post-baccalaureate experience in the specialty, since one job's duties and relation to accounting were unsupported and the remaining qualifying employment spanned less than four years; this issue was noted but not made dispositive.

Prong 1 — national importancenot established · dispositive

“the record remains insufficient to demonstrate that the specific proposed endeavor stands to impact the broader field or industry of marketing and small business, or otherwise have implications rising to the level of national importance”

“The materials do not address the Petitioner's proposed endeavor specifically, and therefore they do not establish that her specific proposed endeavor would have a significant impact on the recovery and resilience of U.S. small businesses at a nationally important level”

“we agree with the Director that the Petitioner's speculation based on general background information does not meet that burden”

“Any larger effect that the petitioner's business would have on the U.S. economy has not been established by the evidence and appears to be merely hypothetical”

AAO decision text

How the evidence was treated

business plan · discounted
“Any larger effect that the petitioner's business would have on the U.S. economy has not been established by the evidence and appears to be merely hypothetical.”
AAO decision text
other · discounted
“The submitted evidence, however, is general in nature, discussing the overall, aggregate importance of SMEs to the U.S. economy.”
AAO decision text
resume experience · discounted
“a translated job verification letter ... listed ten responsibilities, without mention of accounting”
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

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Notable

AAO expressly declined to reach prong 3, but nonetheless flagged a threshold EB-2 experience deficiency as 'another issue of concern,' instructing that any future filing must address it with credible, verifiable evidence, even though this issue was not the basis for dismissal.

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(g)(1)
8 C.F.R. 204.5(k)(2)
Flores v. Garland
Matter of L-A-C-

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