dismissedAUG152023_03B52032023-08-15 · 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 longtime hairdresser, proposed to start and operate a consulting and mentoring company offering management, strategic planning, and training advice to beauty salon owners and other businesses in the beauty and aesthetic services industry.
Field: beauty and aesthetic services consulting/mentoring · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner must demonstrate the national importance of her specific, proposed endeavor of her consulting, advising, and mentoring company to beauty salons rather than the importance of the overall beauty field or industry”
“the Petitioner's claim of a professional shortage in the beauty industry does not render her proposed endeavor nationally important under the Dhanasar framework”
“the business plan does not establish that the benefits to the regional or national economy would reach the level of "substantial positive economic effects" contemplated by Dhanasar”
“the Petitioner did not demonstrate that such future staffing levels would provide substantial economic benefits to an unidentified regional or U.S. economy”
AAO decision text
How the evidence was treated
- business plan · discounted
“the business plan does not establish that the benefits to the regional or national economy would reach the level of "substantial positive economic effects"”
AAO decision text - resume experience · discounted
“the Petitioner's knowledge, skills, and abilities relate to the second prong of the Dhanasar framework”
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
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable
The AAO expressly reserved judgment on the underlying exceptional-ability classification, resolving the appeal entirely on prong 1 national importance and noting each stated basis was an independent and alternate ground for dismissal.
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
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