dismissedOCT192023_04B52032023-10-19 · 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 sought to operate a Florida-based soccer academy offering soccer training to children/adolescents and referee training to individuals, applying a Brazilian soccer training methodology.
Field: soccer coaching/sports management · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“he has not demonstrated that his involvement as an entrepreneur, academy administrator, and soccer coach stands to affect U.S. soccer or public health interests at a level consistent with having national importance”
“The issue here, however, is not the national importance of the field, industry, or profession in which the individual will work”
“he has not adequately explain how these sales forecasts were calculated”
“We are not persuaded by the argument that the Petitioner's proposed endeavor has national importance due to the shortage of referees in his sport”
“he has not offered sufficient evidence that the area where his academy will operate is economically depressed”
AAO decision text
How the evidence was treated
- business plan · discounted
“he did not adequately explain how these sales forecasts were calculated”
AAO decision text - recommendation letter · discounted
“do not contain sufficient information and explanation, nor does the record include adequate corroborating evidence”
AAO decision text - other · discounted
“shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process”
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
- 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
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable
Petitioner cited a Presidential proclamation on national physical fitness/sports and a claimed national shortage of soccer referees; AAO rejected the shortage argument as properly addressed via labor certification rather than NIW national importance analysis.
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.
- Matter of L-A-C-
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