A Brazilian-trained physician sought to work in the U.S. as an entrepreneur, using a Florida LLC to provide preventative health follow-up advice and referrals to individuals and companies nationwide.

Prong 1 — national importancenot established · dispositive

“the Petitioner's proposed endeavor of providing follow up health care advice to people or corporations in the United States is vaguely described such that it is not possible to discern the nature of the actual endeavor”

“the Petitioner's evidence does not show how the proposed endeavor might accomplish his stated goals”

“the Petitioner has taken actions with respect to the proposed endeavor that are inconsistent with his stated intent of accomplishing his plans via the Florida organization named B- LLC”

“the evidence is not sufficient to establish that the Petitioner's proposed endeavor has substantial merit”

AAO decision text

How the evidence was treated

• business plan · discounted

  “the Petitioner has not explained... why he chose to dissolve the organization while the NIW petition was still pending”

  AAO decision text
• recommendation letter · discounted

  “the CEO states that his own organization currently provides healthcare consulting services and does not explain what new or expanded services the Petitioner and B- LLC would provide”

  AAO decision text
• other · discounted

  “do not address or show how the Petitioner's specific endeavor has substantial merit”

  AAO decision text
• degree · credited
• motion resubmission · discounted

  “the Petitioner does not include new evidence relating to the proposed endeavor, instead requesting that his previously provided evidence be considered”

  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
• Endeavor too vague · p1 — described as a job role, not a defined undertaking

Notable

AAO withdrew the Director's threshold EB-2 finding (advanced degree established via AACRAO EDGE database comparison to U.S. M.D.), but still dismissed on Dhanasar prong 1 merit alone, expressly declining to reach national importance or prongs 2-3. Notable emphasis on petitioner's voluntary dissolution of the LLC (his claimed endeavor vehicle) during pendency as undermining credibility.

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)
• Flores v. Garland
• Matter of L-A-C-

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