dismissedJUL312024_05B52032024-07-31 · appeal · Nebraska Service Center

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 bilingual K-12 educator with a master's in education innovation, sought to continue her career as an educator, later reframed on appeal as facilitating STEAM curriculum development across 20 school districts.

Field: K-12 STEAM/bilingual education · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“The Petitioner's proposed endeavor is material to whether the endeavor is of national importance.”

“A petitioner may not make material changes to a petition that has already been filed to make a deficient petition conform to USCIS requirements.”

“we noted that the petitioner's activities in educating students would not be sufficient to give rise to a finding of national importance.”

“the Petitioner has not argued that her proposed endeavor would have significant potential to employ U.S. workers”

AAO decision text

How the evidence was treated

recommendation letter · discounted
“relate to the second prong of the Dhanasar framework, which shifts the focus from the proposed endeavor to the foreign national”
AAO decision text
resume experience · discounted
“The Petitioner's knowledge, skills, and experience in the field, however, relate to the second prong”
AAO decision text
other · discounted
“has not argued that her proposed endeavor would have significant potential to employ U.S. workers or other substantial positive economic effects”
AAO decision text

Where this case turned

Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
Local, not national scope · p1 — impact confined to clients / a region
Material change of endeavor · p1 — the endeavor described on appeal is not the one filed
Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar

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Notable

AAO found the Petitioner impermissibly changed the proposed endeavor between the initial filing (continuing as an educator) and the RFE response (facilitating STEAM learning across 20 school districts as a teacher on special assignment, a role she began after filing), invoking Matter of Izummi/Katigbak material-change doctrine to disregard the revised endeavor and evaluate only the original, less specific claim.

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. 103.3
Matter of Izummi
Matter of Katigbak
Matter of L-A-C-

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