NIW Bearings
dismissedNOV272023_05B52032023-11-27 · appeal · 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 proposed to serve as CEO, exercise trainer, and group fitness instructor for her own fitness-center startup in Florida, offering a new weight-loss method combining Neuro Linguistic Programming with exercise training.

Field: exercise and fitness / physical education · Read the decision (uscis.gov)

EB-2 threshold — not met

The occupation of exercise trainer/group fitness instructor does not require a U.S. bachelor's degree for entry, and the academic evaluation improperly combined a foreign license and a graduate certificate to manufacture a single bachelor's-degree equivalency, which the regulations do not permit.

Prong 1 — national importancenot established · dispositive

the Petitioner has not provided corroborating evidence to support her claims that her business' activities stand to provide substantial economic benefits
the business plan does not sufficiently explain or detail her "new proposed method"
merely working in the exercise and fitness field or starting a fitness center business is insufficient to establish the national importance of the proposed endeavor
we focus on the "the specific endeavor that the foreign national proposes to undertake."
Generally stating that the Petitioner's work in physical education would support an important industry and could inspire advances in the field is not sufficient

AAO decision text

How the evidence was treated

  • business plan · discounted
    the business plan does not sufficiently explain or detail her "new proposed method"
    AAO decision text
  • recommendation letter · discounted
    it does not evaluate the prospective impact of her proposed endeavor
    AAO decision text
  • resume experience · discounted
    Her academic credentials, professional experience, and achievements relate to the second prong of the Dhanasar framework
    AAO decision text
  • degree · discounted
    does not qualify under the regulations as demonstrating the foreign equivalent of a single U.S. bachelor's degree
    AAO decision text
  • media · discounted
    do not discuss any projected U.S. economic impact, job creation, or health benefits specifically attributable to the Petitioner's proposed endeavor
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
1,312coded 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 AAO reversed the Director's threshold finding that the Petitioner qualified as an advanced-degree professional (withdrawing a favorable finding sua sponte), yet still proceeded to analyze and dismiss on Dhanasar prong 1 as the dispositive ground rather than resting solely on the threshold failure. The proposed endeavor involved a novel weight-loss method using 'Neuro Linguistic Programming' techniques.

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