The Petitioner, a nurse, originally proposed to work as a nurse for a health care facility, then on motion changed her proposed endeavor to establishing a home health care business.

Prong 1 — national importancenot established · dispositive

“We dismissed the appeal affirming the Director's determination that the Petitioner did not meet Dhansar's first prong and reserving arguments on the second and third prongs.”

“We affirm our previous determination that the Petitioner has not established eligibility under the first prong of the Dhanasar analytical framework”

AAO decision text

How the evidence was treated

• business plan · discounted

  “the new facts revising her endeavor on motion cannot retroactively establish eligibility and do not meet the requirements for a motion to reopen”

  AAO decision text
• motion resubmission · discounted

  “Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”

  AAO decision text
• recommendation letter · ignored
• other · discounted

Where this case turned

• Endeavor too vague · p1 — described as a job role, not a defined undertaking
• Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar

Notable

Petitioner raised an ineffective assistance of counsel claim under Matter of Lozada, which AAO rejected for failure to meet threshold documentary requirements (no affidavit, no notice to counsel, no disciplinary complaint). Petitioner also attempted to change her proposed endeavor from nursing employment to establishing a home health care business on motion; AAO treated this as a material change under Matter of Izummi that cannot be considered on motion to reopen, rather than as new evidence supporting the original 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. 103.2(b)(1)
• 8 C.F.R. 103.5
• Matter of Coelho
• Matter of Izummi

Cases in adjacent profiles

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• The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
• The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his