dismissedAUG262024_06B52032024-08-26 · 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 clinical and counseling psychologist, sought to develop a business of early childhood education centers in Florida featuring a proprietary 'Early Talent Development and Improvement System' and a full-time child psychologist.
Field: clinical and counseling psychology · Read the decision (uscis.gov)
Prong 2 — well positionednot established · dispositive
“the record did not establish she is licensed as a psychologist in the United States or that she has met the educational requirements to pursue her proposed endeavor”
“In its totality, the record does not demonstrate that the Petitioner is well positioned to advance her proposed endeavor to work as a clinical psychologist and counselor.”
“she does not address the Director's concerns regarding the lack of evidence demonstrating she obtained the appropriate licensing and completed the educational requirements to work as a clinical psychologist and counselor in Florida”
AAO decision text
How the evidence was treated
- business plan · ignored
- recommendation letter · ignored
- resume experience · discounted
“she does not address the Director's concerns regarding the lack of evidence demonstrating she obtained the appropriate licensing”
AAO decision text - certification membership · discounted
“she does not address the Director's concerns regarding the lack of evidence demonstrating she obtained the appropriate licensing and completed the educational requirements”
AAO decision text - degree · discounted
“the record did not establish...that she has met the educational requirements to pursue her proposed endeavor”
AAO decision text
Where this case turned
- Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
- Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable
The Director found prong 1 (substantial merit and national importance) satisfied but denied on prong 2 due to lack of evidence of U.S. psychology licensure/educational credentialing in Florida; AAO affirmed solely on prong 2 and expressly declined to reach prongs 1 and 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.
- 8 C.F.R. 103.3
- Flores v. Garland
- Matter of E-M-
- Matter of L-A-C-
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