dismissedSEP252023_02B52032023-09-25 · 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, a Colombian financial analyst and investment specialist, sought to establish his own business in the United States providing financial and investment consulting services to small and medium-sized businesses.
Field: financial and investment consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO agreed Petitioner's Colombian master's degree in finance qualifies him as an advanced degree professional.
Prong 1 — national importancenot established · dispositive
“Thus, the letter's recitation of statistics about the national financial services industry does not demonstrate that the Petitioner's specific endeavor would create U.S. jobs.”
“But the plan does not indicate the business's proposed scope, such as its projected number of employees or clients, or its projected revenues.”
“We acknowledge the need for financial advisory services in the United States. But the Petitioner has not submitted sufficient evidence detailing the scope of his particular proposed business.”
“When determining national importance, it is not enough to be a small part of a solution.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“the letter's recitation of statistics about the national financial services industry does not demonstrate that the Petitioner's specific endeavor would create U.S. jobs”
AAO decision text - business plan · discounted
“the plan does not indicate the business's proposed scope, such as its projected number of employees or clients, or its projected revenues”
AAO decision text - degree · credited
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
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable
AAO stated it was 'unable to locate this claimed quotation in the expert opinion letter' but analyzed it assuming it was said anyway, then still found it insufficient.
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. 204.5(k)(2)
- Matter of L-A-C-
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