dismissedSEP042024_05B52032024-09-04 · 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 entrepreneur with over 20 years of business and finance experience, sought to operate a consulting firm advising small and medium-sized companies and entrepreneurs, particularly those operating Latin American businesses in the United States.
Field: business and financial consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found the Petitioner qualified for the underlying EB-2 classification as a member of the professions holding an advanced degree; this was not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“we find the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his clientele to impact the business and financial consulting industry or otherwise impact economic initiatives more broadly”
“he has not shown that his company's future staffing levels, business activity, associated tax revenue, and financial initiatives stand to provide substantial economic benefits in Florida”
“the Dhanasar framework instructs us to evaluate the impact of the specific proposed endeavor, rather than the field or industry generally”
“The Petitioner also claims he has documented an "impending shortage of business professionals in the United States."”
AAO decision text
How the evidence was treated
- resume experience · discounted
“Although the Petitioner stresses that the proposed endeavor is likely to be successful given his extensive work experience...these factors are not sufficient to show national importance.”
AAO decision text - business plan · discounted
“it does not demonstrate that benefits to the regional or national economy resulting from the Petitioner's undertaking would reach the level of "substantial positive economic effects" contemplated by Dhanasar.”
AAO decision text - recommendation letter · discounted
- other · discounted
“the Dhanasar framework instructs us to evaluate the impact of the specific proposed endeavor, rather than the field or industry generally.”
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
- 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
The Petitioner argued the Director applied a 'novel standard' and misweighed evidence, but the AAO found he failed to identify any specific example of error, rejecting the claim as unsupported.
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
- Flores v. Garland
- INA 203(b)(2)
- Matter of L-A-C-
Cases in adjacent profiles
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- 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