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 physical therapist, proposed to provide physical therapy rehabilitation services and promote the health and wellbeing of residents in the Central Florida area.
Field: physical therapy · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO found the Petitioner qualifies as an advanced degree professional based on a foreign equivalent bachelor's degree plus five years of post-baccalaureate progressive experience; the Director had not analyzed this issue.
Prong 1 — national importancenot established · dispositive
“This demonstrates the field of physical therapy is important; however, this does not necessarily establish the national importance of the proposed endeavor.”
“Much of the Petitioner's evidence relates to the importance of the physical therapy profession or field, rather than the national importance of a specific proposed endeavor.”
“The record does not suggest, for example, that the Petitioner's patient care duties would meet the current demand for physical therapy, address the national physical therapist shortage, or otherwise operate on a scale rising to the level of national importance.”
“Neither the Petitioner nor the authors of the letters offer a detailed explanation of what she developed, how her talent is unique, or what innovations she offers.”
“The Petitioner has not provided sufficient independent and objective evidence of these methods, solutions, talents, protocols, and techniques.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“Neither the Petitioner nor the authors of the letters offer a detailed explanation of what she developed, how her talent is unique, or what innovations she offers.”
AAO decision text - citations publications · discounted
“the importance of the field does not necessarily establish the national importance of the proposed endeavor.”
AAO decision text - resume experience · credited
- other · discounted
“This demonstrates the field of physical therapy is important; however, this does not necessarily establish the national importance of the proposed endeavor.”
AAO decision text
Where this case turned
- Citations insufficient · p1 — citation counts without qualitative account of impact
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
- 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
Notable
AAO independently resolved the threshold EB-2 classification issue (advanced degree professional) that the Director had not addressed, before proceeding to deny on Dhanasar prong 1 alone. AAO analogized to its own reasoning in Dhanasar regarding teaching activities not having broader field impact.
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 L-A-C-
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Petitioner conflated importance of the physical therapy profession/field generally with national importance of her specific individualized patient-care endeavor, which panel found insufficiently scaled.
Tie the specific proposed work—not just the profession's societal value—to a demonstrable scale of impact beyond individual patients/clients to satisfy prong one.
vague
public_health · economic_job_creation · geographic_or_shortage_area · field_advancement
person_focused
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