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 physical therapist, proposed to open and run a physical therapy clinic in Florida specializing in pain relief, mobility, stroke recovery, and rehabilitation services for the general and elderly population.
Field: physical therapy · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found petitioner qualified as an advanced degree professional based on her degree and progressive experience; AAO reserved this issue and did not disturb it.
Prong 1 — national importancenot established · dispositive
“the record does not establish that the Petitioner's proposed endeavor will impact more than the Petitioner's direct client base.”
“the record does not establish how sharing publicly available information would have a broader impact on the field, rising to the level of national importance.”
“the Petitioner improperly relies upon the importance of the industry to establish the national importance of her proposed endeavor.”
“The record does not establish that the staffing levels are substantial enough to rise to the level of national importance.”
“The record does not establish that her proposed endeavor stands to impact or significantly reduce the claimed national shortage.”
“shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process.”
“there is no explanation of what her "innovative methodologies" are or how they will improve the lives of the American people more broadly.”
AAO decision text
How the evidence was treated
- business plan · discounted
“the record does not establish how sharing publicly available information would have a broader impact on the field”
AAO decision text - recommendation letter · discounted
“there is no explanation of what her "innovative methodologies" are or how they will improve the lives of the American people more broadly.”
AAO decision text - other · discounted
“the relevant question is not the importance of the industry or profession in which the individual will work”
AAO decision text - motion resubmission · ignored
“we will not consider this evidence for the first time on appeal as it was not presented before the Director.”
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
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- 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
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
Notable
AAO declined to consider a new business plan and additional industry articles submitted for the first time on appeal, citing Matter of Soriano; also expressly reserved the underlying EB-2 classification issue despite the Director having favorably decided it.
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)
- Flores v. Garland
- Matter of L-A-C-
What this case teaches
Analyst reading of the decision text.
Petitioner failed to show the clinic's impact would extend beyond her direct client base to the broader field or economy, relying instead on industry-wide importance rather than endeavor-specific reach.
Show concrete, evidenced mechanisms by which the specific endeavor's impact extends beyond direct clients/local area to the field or economy nationally, not just industry importance.
moderate
public_health · economic_job_creation · geographic_or_shortage_area · economic_growth_generic
person_focused
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