The Petitioner initially proposed to continue working as an education administrator, then amended her endeavor to become an entrepreneur opening three education-sector businesses in California, including a language school, a student-exchange consulting company, and a foreign-language-teacher outsourcing company.

Prong 1 — national importancenot established · dispositive

“The record does not show through supporting documentation how her particular endeavor sufficiently extends beyond her prospective clients in California, to impact the field or the U.S. economy more broadly at a level commensurate with national importance.”

“Moreover, the Petitioner did not show how her endeavor would utilize a significant population of workers in the area, would substantially impact job creation, or provide other economic effects.”

“it was not clear how the Petitioner arrived at that approximation and whether it would adequately cover the Petitioner's endeavor to open three businesses”

“even if credible, the Petitioner did not establish the benefits to the regional or national economy would reach the level of "substantial positive economic effects"”

AAO decision text

How the evidence was treated

• degree · discounted

  “The 2- to 3-year Titulo de Licenciado (Licenciatura) represents attainment of a level of education comparable to 2 to 3 years of university study in the United States.”

  AAO decision text
• resume experience · discounted

  “The Petitioner's employment letters did not establish at least five years of progressive experience in the specialty of education administration.”

  AAO decision text
• certification membership · discounted
• business plan · discounted

  “it was not clear how the Petitioner arrived at that approximation and whether it would adequately cover the Petitioner's endeavor”

  AAO decision text
• other · ignored

  “Because the Petitioner was put on notice and given a reasonable opportunity to provide this evidence, we will not consider it for the first time on appeal.”

  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
• Local, not national scope · p1 — impact confined to clients / a region

Notable

Petitioner materially changed her proposed endeavor mid-adjudication from 'education administrator' to 'entrepreneur' opening three businesses; AAO declined to consider new evidence and factual assertions raised for the first time on appeal, citing Matter of Soriano and Matter of Katigbak; the decision explicitly rests on two independent alternate bases (failure of threshold EB-2 classification and failure of Dhanasar prong 1).

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
• Flores v. Garland
• Matter of Katigbak
• Matter of L-A-C-

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