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 provide international business development and management consulting services through a consulting company he established in January 2022, after having sold his earlier swimming-pool construction business.
Field: international business development / management consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found the Petitioner qualified as a member of the professions holding an advanced degree; this was not disputed on appeal.
How the evidence was treated
- business plan · credited
- motion resubmission · credited
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Notable
The case turned entirely on a procedural/material-change issue rather than the substance of the Dhanasar prongs: the Director had improperly relied on statements from an earlier, withdrawn 2020 petition (concerning a pool-construction business) to deny the 2022 petition (concerning a consulting business), and the AAO held this was error under Matter of Izummi because the Petitioner had properly withdrawn and refiled rather than amending mid-petition. The AAO remanded without reaching the merits of any Dhanasar prong.
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(k)(2)
- Flores v. Garland
- Matter of Izummi
What this case teaches
Analyst reading of the decision text.
Director wrongly treated the 2022 consulting endeavor as an impermissible material change from the withdrawn 2020 pool-business petition; since the new plan was part of the petition as filed, that basis for denial was unsupported, requiring remand.
When withdrawing and refiling with a new proposed endeavor, ensure the new business plan is included at initial filing so it cannot be mischaracterized as a post-filing material change.
vague
mixed
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