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 proposed to work as a fitness and wellness coordinator, providing fitness and weight-reduction consultations, designing training and nutrition programs for clients, and consulting with other trainers and gym owners.
Field: physical education / fitness and wellness · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO found the record insufficiently clear to establish EB-2 eligibility as an advanced degree professional, questioning whether the Petitioner's Brazilian teaching degree equated to a U.S. bachelor's degree; however, this issue was not dispositive and the appeal was decided on prong 1 grounds instead.
Prong 1 — national importancenot established · dispositive
“these claims relate to physical fitness in general and the importance of the fitness and wellness industries overall, rather than the Petitioner's specific endeavor”
“the opinion letters are of little probative value as they primarily repeat the information stated by the Petitioner and conflate the importance and benefits of physical fitness in general with the national importance of the Petitioner's specific endeavor”
“Neither the personal statement nor the sample program explains what is innovative about the Petitioner's approach, what sets this approach apart from other exercise programs”
“None of the articles discuss the Petitioner's proposed endeavor, its potential impact, and how it may have national importance”
“the Petitioner has not established the national importance of his proposed endeavor”
AAO decision text
How the evidence was treated
- degree · discounted
“the evaluation provides only the generalized conclusion that the degree is 'substantially similar' to a U.S. bachelor's degree”
AAO decision text - recommendation letter · discounted
“these claims do not describe a broad impact on the field with implications that extend beyond the Petitioner's own clients”
AAO decision text - citations publications · discounted
“None of the articles discuss the Petitioner's proposed endeavor, its potential impact, and how it may have national importance”
AAO decision text - business plan · discounted
“these claims are not supported by the evidence in the record”
AAO decision text - motion resubmission · discounted
“eligibility for the benefit sought is not determined by the quantity of evidence alone but also the quality”
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
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
- Letters not independent · p1 — letters come from employers and close collaborators, not independent experts
Notable
AAO raised a threshold EB-2 eligibility concern sua sponte (foreign degree equivalency doubtful based on transcript discrepancies) but declined to resolve it, instead disposing of the case entirely on prong 1 national importance grounds and expressly reserving prongs 2 and 3.
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
- 8 C.F.R. 204.5(k)(2)
- Matter of E-M-
- Matter of L-A-C-
- Poursina v. USCIS
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp