dismissedJAN032025_03B52032025-01-03 · 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 proposed to work as an exercise trainer and group fitness instructor, coaching groups or individuals in exercise activities for personal fitness; he later attempted to reframe the endeavor as owning and operating a health and wellness business.
Field: exercise training / group fitness instruction · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner did not initially indicate any intention to own and operate a business as the proposed endeavor”
“the letter discusses the importance of personal trainers rather than focusing on the national importance of the Petitioner's specific, proposed endeavor”
“Given the ubiquitous nature of the position, a single exercise trainer/group fitness instructor does not usually have national importance”
“Without evidence regarding any projected U.S. economic impact or job creation attributable to his particular future work”
AAO decision text
How the evidence was treated
- business plan · ignored
“we will not consider the Petitioner's materially changed proposed endeavor of opening, owning, and operating his own business”
AAO decision text - recommendation letter · discounted
“the letter discusses the importance of personal trainers rather than focusing on the national importance of the Petitioner's specific, proposed endeavor”
AAO decision text - other · discounted
“generalized conclusory statements that do not identify a specific impact in 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
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Notable
The AAO agreed the Petitioner materially changed his proposed endeavor mid-adjudication (from personal trainer to business owner) under Izummi/Bardouille, and limited its analysis to the original endeavor, finding it lacked national importance despite having substantial merit; prongs 2 and 3 were expressly reserved.
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
- INA 203(b)(2)
- Matter of Bardouille
- Matter of Caron Int'l
- Matter of Izummi
- Matter of Katigbak
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