dismissedJUN082021_06B52032021-06-08 · 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 nutritionist, proposed to continue working in the U.S. providing nutrition and wellness consulting services to hospitals, clinics, businesses, and individuals, aiming to reduce disease caused by poor nutrition.
Field: clinical nutrition / wellness consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found the Petitioner qualifies as a member of the professions holding an advanced degree; this finding was not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“the relevant question is not the importance of the industry or profession in which the individual will work”
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her potential customers”
“the record does not show that benefits to the U.S. regional or national economy resulting from the Petitioner's nutritionist work would reach the level of "substantial positive economic effects"”
AAO decision text
How the evidence was treated
- resume experience · discounted
“The Petitioner's experience and education in her field relates to the second prong of the Dhanasar framework”
AAO decision text - other · discounted
“we focus on the specific endeavor that the foreign national proposes to undertake”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
The decision states each finding is 'considered as an independent and alternate basis for the decision,' though the AAO in fact analyzed and relied only on prong 1, expressly declining to reach prongs 2 and 3.
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.
- INA 203(b)(2)
- Poursina v. USCIS
- Section 291 of the Act
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- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution