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 continue her career in the U.S. treating orthopedic and traumatology patients, providing holistic care to reduce costs and improve patient outcomes.
Field: physical therapy (orthopedics and traumatology) · Read the decision (uscis.gov)
EB-2 threshold — not met
The AAO found the Petitioner's Brazilian 'lato sensu' certificate is not equivalent to a U.S. master's degree, and she did not claim a bachelor's degree plus five years of progressive experience; the Director never made a clear finding on exceptional ability, and the matter was remanded for a proper threshold determination.
Prong 1 — national importancenot established
“The Petitioner only provides undetailed explanations as to where she will carry out her proposed endeavor stating that she will "work with clinics, hospitals, and other health care facilities."”
“the Petitioner had not submitted sufficient evidence to establish that her proposed endeavor would have national implications for the economy in the field of physical therapy or that her venture would impact the field more broadly.”
“it does not appear that the Petitioner has sufficiently demonstrated that her proposed endeavor would have enough breadth to merit national importance”
AAO decision text
Prong 2 — well positionedestablished
“the "expert opinion letter was insufficient to demonstrate that the petitioner was well positioned to advance the proposed endeavor."”
“the Director makes contradictory conclusions on whether the Petitioner met the second prong of the Dhanasar framework.”
AAO decision text
How the evidence was treated
- degree · discounted
“the Petitioner's certificate is not equivalent to a U.S. master's degree”
AAO decision text - recommendation letter · discounted
“the expert opinion letter was insufficient to demonstrate that the petitioner was well positioned to advance the proposed endeavor”
AAO decision text - other · discounted
“the Petitioner had not submitted sufficient evidence to establish that her proposed endeavor would have national implications for the economy”
AAO decision text - resume experience · discounted
“She lists only one position on ETA Form 9089 for less than a two-year time period.”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
Notable
This is primarily a procedural remand: the AAO withdrew the Director's denial because it was internally contradictory (e.g., conflicting findings on 'well positioned') and failed to adequately explain the basis for denial, denying the Petitioner a meaningful opportunity to appeal, per Matter of M-P- and 8 C.F.R. 103.3(a)(1)(i). The AAO did not make final dispositive findings on any prong but flagged deficiencies in national importance and the threshold EB-2 advanced-degree claim for the Director to address on remand.
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
What this case teaches
Analyst reading of the decision text.
The Director's decision was internally contradictory and incomplete—failing to analyze national importance evidence and giving conflicting findings on being well-positioned—so AAO remanded rather than ruling on merits.
Beyond citing career continuation, quantify and evidence the specific endeavor's broader, non-individualized impact; ensure adjudicator's decision is complete before appeal, or highlight procedural gaps.
vague
economic_job_creation · public_health · geographic_or_shortage_area · field_advancement
person_focused
Cases in adjacent profiles
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