dismissedSEP152021_14B52032021-09-15 · appeal · Nebraska 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 operate a business management consulting company helping American companies expand or launch operations in Brazil and helping Brazilian companies establish and grow businesses in the United States.
Field: business management consulting · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the record does not establish how the endeavor would have broader implications in terms of significant potential to employ U.S. workers or have substantial positive economic effects, beyond the Petitioner's employer and clients”
“the record lacks evidence establishing the relative significance of a five-year contribution of $1.1 million in payroll and corporate taxes and whether that would rise to level of a significant economic impact”
“the record does not establish how that rises to the level of broader implications and substantial positive economic effects as contemplated by Dhanasar”
“the record does not establish the economic value of any of the brands the consulting company would help develop, or other factors that may establish broader implications or substantial positive economic effects”
AAO decision text
How the evidence was treated
- business plan · discounted
“the record does not establish how the endeavor would have broader implications ... beyond the Petitioner's employer and clients”
AAO decision text - other · discounted
“the record lacks evidence establishing the relative significance of a five-year contribution of $1.1 million in payroll and corporate taxes”
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
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
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Notable
The Petitioner argued a semantic distinction between 'significant potential to employ U.S. workers' and 'potential to employ a significant number of U.S. workers,' which the AAO rejected as 'misplaced' given the Dhanasar framework's use of the phrase as one example of substantial positive economic effect.
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