dismissedSEP232024_04B52032024-09-23 · 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, an accountant, proposed a consultancy initiative to help U.S. small and medium-sized enterprises adopt international financial reporting standards and expand into Latin American markets.

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

EB-2 threshold — not met

The Petitioner did not establish that her Colombian accounting credentials (Titulo de Tecnologico and Titulo de Contador Publico) were equivalent to a U.S. bachelor's degree, as the underlying coursework reflected only two to three years of study rather than the four years generally required, and an evaluator improperly combined an associate's-level credential with a shorter degree to reach equivalency.

Prong 1 — national importancenot established · dispositive

“It is therefore insufficient to identify the Petitioner's proposed endeavor.”

“the Petitioner does not offer evidence to sufficiently explain or demonstrate how her proposed endeavor would impact employment in the United States”

“it does not specifically show the government's interest in the Petitioner's proposed endeavor or similar endeavors.”

AAO decision text

How the evidence was treated

degree · discounted
“where an opinion is not in accord with other information or is in any way questionable, we may discount or give less weight to that evaluation.”
AAO decision text
recommendation letter · discounted
“the Petitioner's knowledge, skills, education, and experience are considerations under Dhanasar's second prong”
AAO decision text
resume experience · credited
other · discounted
“it does not specifically show the government's interest in the Petitioner's proposed endeavor or similar endeavors.”
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

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Notable

The AAO explicitly treated both the failed EB-2 threshold classification and the failed Dhanasar prong 1 analysis as independent, alternate bases for dismissal, addressing the merits even though the threshold failure alone was dispositive.

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 L-A-C-

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