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 taekwondo and self-defense instructor, proposed to start a business teaching taekwondo and self-defense to women, with a gym located in an economically depressed, high-crime area of Florida.
Field: taekwondo/self-defense instruction · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to establish eligibility as either a member of the professions holding an advanced degree (her occupation as a taekwondo instructor does not require a bachelor's degree, and she did not show five years of full-time post-baccalaureate experience) or as an individual of exceptional ability (she did not meet three of the six regulatory criteria, and her proffered comparable evidence was unexplained).
Prong 1 — national importancenot established · dispositive
“the record does not adequately explain the basis for the investment proposals, staff projections, and financial forecasts, or how these will be realized”
“Without credible plans for funding the operational expenses of her business, the potential prospects of starting the Petitioner's business appears to be in doubt”
“the record does not include independent, probative evidence of it being an economically depressed area or that the Petitioner's business will have positive economic effects”
“the Petitioner has not established with specific, probative evidence that her endeavor will have broader implications in her field, will have significant potential to employ U.S. workers”
AAO decision text
How the evidence was treated
- business plan · discounted
“the record does not adequately explain the basis for the investment proposals, staff projections, and financial forecasts”
AAO decision text - recommendation letter · discounted
“The letters do not indicate that the Petitioner's work will have national or global implications in the field of taekwondo or self-defense.”
AAO decision text - resume experience · discounted
“do not address the national importance of her endeavor's "potential prospective impact"”
AAO decision text - degree · discounted
“Since the Petitioner's degree is in law and does not relate to her area of exceptional ability, she has not established that she meets the plain language of the criterion.”
AAO decision text - certification membership · discounted
“The cards were not accompanied by additional evidence or an explanation of how it qualifies as a license to practice her profession”
AAO decision text
All 7 evidence items
- awards · discounted
“the record does not include independent evidence supporting her claims that she received the awards and medals”
AAO decision text - other · discounted
“much of the content of the opinion is lacking relevance because it discusses the importance of the physical fitness industry and the Petitioner's occupation rather than addressing how the specific proposed endeavor would satisfy the national importance element”
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
- Funding absent · p1 — no documented funding or resources behind the plan
- Local, not national scope · p1 — impact confined to clients / a region
Notable
The AAO withdrew the Director's favorable threshold finding (advanced degree) sua sponte on de novo review, then also found the Petitioner failed exceptional ability, and separately found Dhanasar prong 1 dispositive against her, giving three independent alternate bases for dismissal.
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)
- Kazarian v. USCIS
- Matter of Caron Int'l
- Matter of D-R-
- Matter of L-A-C-
- Poursina v. USCIS
- USCIS Policy Manual F.5(B)(2)
- USCIS Policy Manual F.5(D)(1)
Cases in adjacent profiles
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- 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