The Petitioner sought to work as a nutritionist in the United States, helping clients create individualized eating plans through private practice, catering and quality control, clinical and sports nutrition, management services, and community education.

Prong 1 — national importancenot established · dispositive

“the Director concluded the Petitioner had not clearly established what exactly his proposed endeavor entailed”

“It is insufficient to claim an endeavor has national importance or will create a broad impact without providing evidence to corroborate such claims.”

“the relevant question is not the importance of the industry or profession in which the individual will work”

“Without evidence projecting U.S. economic impact or job creation attributable to the Petitioner's proposed endeavor, it is insufficient to assert that the benefits to the U.S. regional or national economy resulting from the proposed endeavor would rise to the level of "substantial positive economic effects"”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “letters from potential employers who have seen his resume, expressing interest in scheduling interviews”

  AAO decision text
• resume experience · discounted

  “immaterial to the first Dhanasar prong-whether a specific, prospective, proposed endeavor has both substantial merit and national importance”

  AAO decision text
• business plan · discounted
• other · discounted

  “in determining national importance, the relevant question is not the importance of the industry or profession”

  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

Notable

AAO emphasized inability to determine the exact nature of the proposed endeavor (independent practice vs. contractor vs. employee) as undermining the national importance analysis; industry reports on nutrition's importance were rejected as conflating field importance with endeavor importance.

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
• Matter of L-A-C-

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