dismissedSEP302024_09B52032024-09-30 · 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 business manager, proposed to establish her own company in Florida providing business administration management consulting, advice, and training services to educational institutions and small businesses.
Field: business administration management consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
The record shows she qualifies as a member of the professions holding an advanced degree; not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“the documents and letters failed to establish that the Petitioner's specific endeavor has national implications, significant potential to employ U.S. workers, or otherwise offers substantial positive economic effects for the United States.”
“Dhanasar requires us to focus on the "the specific endeavor that the foreign national proposes to undertake," not the importance of the field, industry, or profession in which the individual will work.”
“the record does not sufficiently show how the company will pay salaries and other operational expenses with cumulative operating costs totaling $755,325 in the first year and $1.38 million in the fifth year.”
“the record lacks evidence of contractual commitments from this entity or other individuals to provide adequate investment funds.”
“the Petitioner did not demonstrate that her company's operations would provide substantial economic benefits to Florida, the region, or the U.S. economy more broadly at a level commensurate with national importance”
AAO decision text
How the evidence was treated
- business plan · discounted
“The submitted documentation does not contain sufficient details to demonstrate how the Petitioner's company will reach the stated economic impact objectives”
AAO decision text - recommendation letter · discounted
“the Petitioner's skills, expertise, and abilities relate to the second prong of the Dhanasar framework”
AAO decision text - funding · discounted
“the record lacks evidence of contractual commitments from this entity or other individuals to provide adequate investment funds.”
AAO decision text - other · discounted
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
- 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
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Notable
AAO cites Flores v. Garland (5th Cir. 2023) confirming discretionary nature of NIW decisions, joining other circuits. Petitioner's expert opinion letter treated as relevant to prong two rather than prong one.
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
- Matter of E-M-
- Matter of L-A-C-
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