dismissedMAR262024_01B52032024-03-26 · combined · 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 sought to operate a physical therapy/home healthcare business serving her own company's clientele.
Field: physical therapy / home healthcare · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner had not shown that her proposed endeavor would extend beyond her company and its "clientele to impact either the physical therapy or home healthcare industry more broadly at a level commensurate with national importance."”
“the Petitioner had not demonstrated that her undertaking "has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for the nation."”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“the Petitioner has not offered new evidence or facts on motion to overcome the stated grounds for dismissal in our appellate decision”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Local, not national scope · p1 — impact confined to clients / a region
2,501coded 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
The motion was dismissed primarily as untimely (filed 44 days after the prior decision due to a signature defect), with the AAO also finding no new facts or legal error even if timely; the Petitioner's Fifth Amendment due-process argument regarding evidence consideration was rejected as vague and unsupported by specific documentary references.
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. 103.5
Cases in adjacent profiles
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers