The Petitioner, a certified nursing assistant, sought to work full-time as a CNA while also operating a small consulting business offering online courses and training in nursing and medical interpretation, and to use social media and public speaking to improve public engagement with the medical profession.

Prong 1 — national importanceestablished

“As the Director's determination concerning the first prong is unclear, and because we make a definitive finding on the second prong below, we will reserve this issue.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“we agree that the proposed endeavor is wide-ranging and generally vague in its goals, complicating any evaluation of the Petitioner's ability to advance the endeavor.”

“the business plan does not include course descriptions or curriculums, nor does it provide examples of comparable course or certification offerings from other companies or institutions”

“These letters demonstrate limited interest in the Petitioner's business from a few potential customers and one potential employee; they do not demonstrate that the Petitioner is well-positioned to advance her proposed endeavor”

“the record does not contain any feasible plans for financial support from any firms or other investors, and there is no evidence of initial capital present to support the Petitioner's endeavor”

“the evidence of record does not demonstrate the qualifications reasonably expected of an individual starting a business that anticipates a profit of over $36,000 in its first year of operation”

AAO decision text

How the evidence was treated

• degree · credited
• business plan · discounted

  “the business plan does not include course descriptions or curriculums, nor does it provide examples of comparable course or certification offerings”

  AAO decision text
• recommendation letter · discounted

  “the letters do not provide evidentiary weight sufficient to demonstrate that the Petitioner is well-positioned to advance her proposed endeavor”

  AAO decision text
• funding · discounted

  “the Petitioner "did not submit any evidence of a response to indicate that the funding has been granted"”

  AAO decision text
• resume experience · discounted

  “the evidence of record does not demonstrate the qualifications reasonably expected of an individual starting a business”

  AAO decision text

Where this case turned

• Business plan speculative · p2 — projections without a documented basis or steps
• Endeavor too vague · p2 — described as a job role, not a defined undertaking
• Funding absent · p2 — no documented funding or resources behind the plan
• Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
• Letters not independent · p2 — letters come from employers and close collaborators, not independent experts

Notable

The Director's decision contained internally contradictory findings on prong 1 (stating both that national importance was established and that it was not), which the AAO explicitly noted but declined to resolve, reserving the issue and resting dismissal on threshold EB-2 ineligibility and prong 2 failure instead.

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
• 8 C.F.R. 204.5(k)(2)
• Matter of L-A-C-
• Poursina v. USCIS

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