dismissedAUG212024_06B52032024-08-21 · 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.

A Brazilian-trained nurse proposed to relocate to Montana and start a company offering caregiver training, homecare services for older adults, and a franchise network of care professionals.

Field: nursing / home health care services · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not dispute, that Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

“Dhanasar requires us to focus on the "the specific endeavor that the foreign national proposes to undertake," not the importance of the field, industry, or profession in which the individual will work.”

“the articles, reports, and letters failed to establish that the Petitioner's specific endeavor has national implications, significant potential to employ U.S. workers, or otherwise offers substantial positive economic effects for the United States.”

“the record does not sufficiently show how the company will pay salaries and other operational expenses.”

“the business plan lacks sufficient evidence to show adequate investment funds, either from the Petitioner or other entities.”

“the submitted documentation lacks evidence of contractual commitments from individuals or organizations to work with the proposed company or obtain the prospective services.”

AAO decision text

How the evidence was treated

recommendation letter · discounted
“failed to establish that the Petitioner's specific endeavor has national implications, significant potential to employ U.S. workers, or otherwise offers substantial positive economic effects”
AAO decision text
business plan · discounted
“the business plan lacks sufficient evidence to show adequate investment funds, either from the Petitioner or other entities”
AAO decision text
contract revenue · discounted
“lacks evidence of contractual commitments from individuals or organizations to work with the proposed company or obtain the prospective services”
AAO decision text
other · discounted
“it does not demonstrate that the specific endeavor the Petitioner proposes to undertake has national importance”
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
Local, not national scope · p1 — impact confined to clients / a region

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Notable

The AAO explicitly distinguished evidence of the Petitioner's personal skills/experience (relevant to prong 2) from evidence of the endeavor's national importance (prong 1), reiterating that field importance cannot substitute for endeavor-specific impact; the appeal was resolved entirely on prong 1 without reaching prongs 2 or 3.

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.

Flores v. Garland
Matter of L-A-C-

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