dismissedJUN142023_02B52032023-06-14 · appeal · Texas 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 Portuguese-language educator, proposed to teach and disseminate his self-created 'Literary Musicalization' method of teaching Portuguese through songs and poetry to U.S. students, and later claimed to be doing so through his own newly formed Florida company.

Field: Portuguese language and literary musicalization education · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the Petitioner discussed the teaching and promoting of his program rather the owning and operating his company, a materially changed proposed endeavor”

“the Petitioner developed the business plan for the company after the Director issued the RFE”

“the Petitioner must demonstrate the national importance of his specific, proposed endeavor of providing his particular services in teaching his music literacy program rather than the importance of music and education”

“the record does not show through supporting documentation how his program and services stand to sufficiently extend beyond his prospective students or schools”

“such occupational deficiencies are directly addressed by the U.S. Department of Labor through the labor certification process and are not a basis for national importance”

“Without evidence regarding any projected U.S. economic impact or job creation attributable to his music program, the record does not show any benefits”

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

AAO decision text

How the evidence was treated

business plan · discounted
“we will not consider the Petitioner's materially changed proposed endeavor”
AAO decision text
recommendation letter · discounted
“makes broad claims ... without articulating how the Petitioner's specific, proposed endeavor has national or global implications”
AAO decision text
other · discounted
“the Petitioner must demonstrate the national importance of his specific, proposed endeavor ... rather than the importance of music and education”
AAO decision text
degree · credited

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
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
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

1,312coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds →

Notable

AAO applied investment-petition-style 'material change' doctrine (Izummi/Bardouille) to reject the Petitioner's post-RFE claim of owning/operating his own company as a materially changed proposed endeavor, refusing to consider it under prong one.

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 Bardouille
Matter of Izummi
Matter of L-A-C-
Poursina v. USCIS

Cases in adjacent profiles

← Back to the case explorer