The Petitioner, an elementary school teacher, proposed to continue working as an educator in the U.S., addressing teacher shortages, developing curriculum for special-needs children, teaching Portuguese, and eventually founding a language and cultural center.

Prong 1 — national importancenot established · dispositive

“The direct benefit from the Petitioner's own teaching work would be largely limited to her students.”

“The collective importance of early childhood and special education does not lend national importance to the classroom work of individual teachers.”

“The addition of one more teacher to the work force would not significantly mitigate the shortage, and the Petitioner does not show that her proposed endeavor would otherwise increase the number of teachers.”

“there is no blanket waiver for teachers, and the intention to carry on teaching is not a proposed endeavor with national importance.”

“Unsubstantiated references to "ripple effects" do not suffice to show that the Petitioner's proposed endeavor, in particular, is of national importance.”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “do not show how that work has been, or will be, of national importance”

  AAO decision text
• business plan · discounted

  “does not show that she has taken any steps to start the business or to secure the necessary resources”

  AAO decision text
• other · discounted

  “did not mention the Petitioner or discuss her endeavor specifically”

  AAO decision text

Where this case turned

• 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
• Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar

Notable

AAO notes in footnote 6 that even if it had reached prong 2, the cultural-center business plan would fail as speculative with no steps taken toward founding it; footnote 5 notes the occupational-shortage argument relates more to prong 3 but was addressed under 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.

• Matter of L-A-C-
• Poursina v. USCIS

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