dismissedAUG052024_01B52032024-08-05 · motion_reconsider · 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, a physical therapist, proposed to operate a mobile pediatric physical therapy company to provide much-needed therapy services to underserved young patients.
Field: pediatric physical therapy · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“we determined the Petitioner did not meet the first prong of the analytical framework in Matter of Dhanasar”
“we concluded the Petitioner did not establish the national importance of her proposed endeavor”
“the record did not establish her specific proposed endeavor's significant potential to employ U.S. workers or have a substantial positive economic effect”
AAO decision text
How the evidence was treated
- business plan · discounted
“we raised questions regarding the contents of the business plan, specifically relating to proposed hiring and wages”
AAO decision text - recommendation letter · discounted
- motion resubmission · discounted
“the Petitioner does not cite any specific error in our application of Dhanasar or specify any other legal error or misapplication of policy”
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
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
This is a motion to reconsider following a prior AAO appellate dismissal; the AAO's review was limited to whether the prior decision misapplied law or policy, and it found the Petitioner merely reasserted prior arguments without identifying legal error.
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. 103.5(a)(1)(i)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- INA 203(b)(2)
Cases in adjacent profiles
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- The Petitioner, a Brazilian-trained physiotherapist, proposed to work as a physical therapist and entrepreneur in the Un
- The Petitioner, a resident physician in New York holding a Chinese bachelor of medicine (MBBS) degree found equivalent t
- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
- The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his