The Petitioner, a self-employed entrepreneur with a kinesiology background, sought to provide kinesiology services to rural patients who lack healthcare access.

Prong 1 — national importancenot established · dispositive

“the documentation in the record does not establish the national importance of the proposed endeavor”

“will provide kinesiology services "in the majority" for rural patients who lack healthcare access”

AAO decision text

Where this case turned

• Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
• Local, not national scope · p1 — impact confined to clients / a region

Notable

AAO adopted and affirmed the Director's decision under Matter of Burbano rather than conducting independent analysis. Petitioner's argument that the Director improperly required a labor certification was rejected, with AAO clarifying that the labor certification reference was appropriately made under prong three, not as a threshold requirement. AAO expressly reserved opinion on prongs two and three.

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.

• Chen v. INS
• Matter of L-A-C-

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