dismissedAUG222024_03B52032024-08-22 · 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 sought to direct RPEC, a Florida-based event promotion company, as CEO and Strategic Consultant, producing and promoting music events, festivals, and corporate events across the United States.
Field: concert and corporate event promotion/planning · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“A local physical therapy business and a shortage of physical therapists in the United States does not render the proposed endeavor nationally important under the Dhanasar framework.”
“his endeavor does not include any specific plans or demonstrate that the benefits to the regional or national economy resulting from his endeavor would reach the level of "substantial positive economic effects"”
“these projections are not supported by relevant or probative evidence, details showing their basis, or an explanation of how they will be realized”
“generalized conclusory statements that do not identify a specific impact to the field have little probative value.”
“the relevant question is not the importance of the industry or profession in which the individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes to undertake."”
AAO decision text
How the evidence was treated
- business plan · discounted
“these projections are not supported by relevant or probative evidence, details showing their basis, or an explanation of how they will be realized”
AAO decision text - resume experience · ignored
- other · discounted
“generalized conclusory statements that do not identify a specific impact to the field have little probative value.”
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
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable
AAO analogizes the Petitioner's claimed shortage of event-planning professionals to a 'local physical therapy business and a shortage of physical therapists,' rejecting the shortage argument as insufficient for national importance. A footnote cites Flores v. Garland to note the discretionary nature of NIW adjudication across circuits.
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
- Flores v. Garland
- Matter of L-A-C-
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