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, an exercise physiologist, proposed to provide individualized physical education, adaptive training, rehabilitative and preventive physical activity, and weight-loss services to youth, adults, the elderly, and persons with disabilities in the United States.
Field: exercise physiology / physical education · Read the decision (uscis.gov)
EB-2 threshold — not met
The Director had found the Petitioner qualified as an advanced degree professional, but the AAO withdrew that finding, concluding he had not accrued five years of progressive post-baccalaureate experience because part of his claimed employment predated his bachelor's degree and he left Brazil before completing five years, with insufficient evidence he continued full-time on-site duties after relocating to the U.S.
Prong 1 — national importancenot established · dispositive
“He did not identify the type of environment in which he intends to work, whether a school, rehabilitation center, gym or physical fitness facility, or other type of employer.”
“Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to his future work, the Petitioner has not shown that the benefits to the regional or national economy resulting from his projects would reach the level of "substantial positive economic effects"”
“Moreover, shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process.”
“Pursuing employment in an area that is adjacent to the subject of national initiatives is not sufficient, in and of itself, to establish the national importance of a specific endeavor.”
“While the authors express their high opinion of the Petitioner and his work, they do not discuss his specific proposed endeavor or explain why it has national importance.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“they do not discuss his specific proposed endeavor or explain why it has national importance.”
AAO decision text - media · credited
- resume experience · discounted
“the Petitioner's knowledge, skills, education, and experience are considerations under Dhanasar's second prong”
AAO decision text - business plan · discounted
“the Petitioner has provided little detail regarding how he will pursue his proposed endeavor beyond indicating he intends to continue to work in the field”
AAO decision text - other · discounted
“they have not demonstrated how the Petitioner's performance of one-on-one work with individual clients... will have the required potential prospective impact in the broader field.”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- 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
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
Notable
The AAO withdrew the Director's favorable threshold EB-2 finding (advanced degree professional) sua sponte, finding the Petitioner's post-baccalaureate experience insufficient, but reserved the exceptional-ability claim and the prong 2/3 issues because the prong 1 national-importance failure was dispositive. The Petitioner argued alignment with the CDC 'Active People, Healthy Nation' initiative, which the AAO rejected as merely 'adjacent' to national initiatives rather than demonstrating impact of the specific endeavor.
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
- 8 C.F.R. 204.5(k)(2)
- Matter of L-A-C-
- Poursina v. USCIS
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp