The Petitioner, a physical education instructor, proposed to operate and work in her own company providing physical and postural training services in the United States.

Prong 1 — national importancenot established · dispositive

“the Petitioner did not substantiate the growth projections or demonstrate that her endeavor will impact the U.S. economy or the fitness and wellness industry”

“the record contains no evidence demonstrating that the Petitioner's work offers original innovations that would contribute to advancements in the fitness and wellness industry”

“the prospective impact of the proposed endeavor does not rise to the level of having national importance with broad implications in the Petitioner's field”

AAO decision text

How the evidence was treated

• business plan · discounted

  “the Petitioner did not substantiate the growth projections or demonstrate that her endeavor will impact the U.S. economy”

  AAO decision text
• other · ignored

  “the Petitioner does not provide any new evidence or arguments that overcome the Director's determination on any of the three prongs”

  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

AAO issued a brief adopt-and-affirm decision, expressly relying on Matter of Burbano and circuit precedent (Giday, Chen) to affirm the Director's findings on all three Dhanasar prongs without independently elaborating on prongs 2 and 3; only prong 1's national-importance analysis is substantively reproduced.

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
• Chen v. INS
• INA 203(b)(2)
• Poursina v. USCIS

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