The Petitioner, a physical therapist, planned to operate a mobile pediatric/general physical therapy clinic out of a van, eventually opening a physical location and hiring additional staff.

Prong 1 — national importancenot established · dispositive

“the record does not establish that [the Petitioner's] role would impact the physical therapy field and industry more broadly, as opposed to being limited to the patients she serves.”

“The record does not establish how the Petitioner's physical therapy services, initially "operated out of a company owned van," may have "national or even global implications within a particular field”

“does not establish how employing five workers-including the Petitioner but apparently excluding her husband, despite specifically identifying him as a worker-would demonstrate "significant potential to employ U.S. workers”

“the letters of recommendation do not elaborate on how the "specific endeavor that the [Petitioner] proposes to undertake" may have "national or even global implications within a particular field”

“the doubt cast on the business plan's veracity undermines the reliability and sufficiency of the remaining evidence submitted in support of the Form I-140”

AAO decision text

How the evidence was treated

• business plan · discounted

  “the doubt cast on the business plan's veracity undermines the reliability and sufficiency of the remaining evidence”

  AAO decision text
• recommendation letter · discounted

  “do not elaborate on how the specific endeavor... may have national or even global implications within a particular field”

  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
• Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
• Local, not national scope · p1 — impact confined to clients / a region

Notable

AAO relied heavily on internal inconsistencies in the business plan's wage projections (e.g., unpaid husband-worker, dramatically differing starting wages for identical job titles) to cast doubt on the veracity of the entire record under Matter of Ho, using this to undermine the national importance showing rather than as a standalone credibility finding.

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 Ho
• Matter of L-A-C-

Cases in adjacent profiles

• The Petitioner, a pharmacist, proposed to work in the United States through her own company providing pharmaceutical reg
• The Petitioner, a Brazilian-trained physiotherapist, proposed to work as a physical therapist and entrepreneur in the Un
• The Petitioner, a resident physician in New York holding a Chinese bachelor of medicine (MBBS) degree found equivalent t
• The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
• The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his