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 clinical and counseling psychologist, proposed to work through her own Florida-based psychology practice, with a business plan projecting growth to 73 employees by the fifth year of operation.
Field: clinical and counseling psychology · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the record did not establish her specific proposed endeavor's significant potential to provide a substantial positive economic effect to Florida, the region, or the U.S. economy more broadly”
“We acknowledged the Petitioner's plan to employ 73 workers by the fifth year of her company's operation, but explained the record did not establish”
AAO decision text
How the evidence was treated
- business plan · discounted
“the record did not establish her specific proposed endeavor's significant potential to provide a substantial positive economic effect”
AAO decision text - motion resubmission · ignored
“the Petitioner does not assert any new facts and does not submit any evidence”
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
Notable
This is a motion decision reviewing a prior AAO appeal dismissal; the AAO's analysis is limited to whether the motion met the reopen/reconsider standards, and it only revisits prong 1 (national importance) because that was dispositive in the prior decision. The Petitioner submitted no new evidence and identified no specific legal error, leading to summary dismissal of both motions.
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)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of Coelho
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