remandedOCT232024_01B52032024-10-23 · 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 proposed to work as a public accountant providing services to businesses and other clients, leveraging AI and machine learning tools to automate accounting processes, optimize investment decisions, and improve fraud detection.

Field: public accounting · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner did not establish his foreign bachelor's degree was equivalent to a U.S. bachelor's degree, and the record (resume, an employer letter lacking dates/duties, and a professional membership) was insufficient to establish five years of progressive post-baccalaureate experience needed to qualify as an advanced degree professional.

Prong 1 — national importancenot established

“the Petitioner's proposed endeavor to work as a public accountant for businesses and other clients does not appear to meet the first prong of the Dhanasar framework”

“merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor”

“shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process”

“the Petitioner's assertions do not appear sufficiently detailed or probative to establish the national importance of his proposed endeavor”

AAO decision text

How the evidence was treated

resume experience · discounted
“a resume alone is insufficient to meet his burden to demonstrate the required five years of progressive, post-bachelor's experience”
AAO decision text
recommendation letter · discounted
“no dates were provided, and no details of his actual job duties for either position were included”
AAO decision text
certification membership · discounted
“this evidence is insufficient to establish that he has five years of post-baccalaureate, progressive work experience”
AAO decision text
degree · discounted
“the Petitioner did not provide any evidence to establish his foreign degree is equivalent to a U.S. bachelor's degree”
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 remanded rather than dismissed, finding the Director's grant of threshold EB-2 eligibility conflicted with the record's insufficiency, while also preliminarily flagging (without fully deciding) that the national importance prong appears unmet; both issues are left for the Director to resolve on remand.

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. 103.2(b)(1)
8 C.F.R. 103.3
Flores v. Garland

What this case teaches

Analyst reading of the decision text.

Decisive factor

AAO found record insufficient on both EB-2 classification (unverified degree equivalency and incomplete 5-year work experience) and national importance, requiring remand for fuller review.

Transferable lesson

Substantiate foreign degree equivalency and detailed employer letters covering full experience period; tie endeavor to specific, nationally-scaled impact, not just field importance or personal skill.

Endeavor framing

vague

National-importance theory

economic_growth_generic · critical_emerging_tech · geographic_or_shortage_area

Evidence targeting

person_focused

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