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 Brazilian-trained occupational therapist, proposed to establish and lead as CEO/clinical director a rehabilitation clinic in Georgia offering neurological, orthopedic, and family health therapy services.
Field: occupational therapy / rehabilitation clinic business · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO agreed with Director that Petitioner established eligibility as an advanced degree professional (bachelor's plus 5+ years progressive experience).
Prong 1 — national importancenot established · dispositive
“However, the Petitioner has not provided corroborating evidence to support her claims that her business' activities stand to provide substantial economic benefits to the United States”
“the record does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized”
“The U.S. Department of Labor through the labor certification process directly addresses such shortages of qualified workers.”
“the opinions do not focus on the Petitioner's specific endeavor having aprospective impact in the field of family healthcare and rehabilitation therapy services”
“The Petitioner does not demonstrate that her proposed endeavor extends beyond her business and her future clients to impact the field or any other industries or the U.S. economy more broadly”
AAO decision text
How the evidence was treated
- business plan · discounted
“the record does not sufficiently detail the basis for its financial and staffing projections”
AAO decision text - recommendation letter · discounted
“the opinions do not focus on the Petitioner's specific endeavor having a prospective impact”
AAO decision text - other · discounted
“The industry reports and articles submitted do not discuss the projected U.S. economic impact...specifically attributable to the Petitioner's proposed endeavor”
AAO decision text - degree · credited
- resume experience · discounted
“her academic credentials and professional experience relate to the second prong of the Dhanasar framework”
AAO decision text
Where this case turned
- 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
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
- 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
Notable
AAO flagged an unresolved discrepancy between the clinic's stated location in initial filings versus the appeal brief/corporate documents (two different Georgia locations), citing Matter of Ho on credibility of unresolved inconsistencies, though this was not dispositive of the outcome.
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
- INA 203(b)(2)
- Matter of D-R-
- Matter of E-M-
- Matter of Ho
- Matter of L-A-C-
- Poursina v. USCIS
- USCIS Policy Manual F.5(D)(2)
What this case teaches
Analyst reading of the decision text.
Petitioner failed to show the specific clinic endeavor, beyond her business and patients, would impact the rehabilitation/healthcare field or economy nationally, relying instead on generic industry need and personal credentials.
Provide corroborated, endeavor-specific projections of scale (jobs, revenue, field-wide impact) tied directly to the venture, not generic shortage/field-importance evidence or personal qualifications.
moderate
economic_job_creation · public_health · geographic_or_shortage_area · stem_positive_factor
person_focused
Cases in adjacent profiles
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- 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