dismissedSEP152021_07B52032021-09-15 · 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, an athletic trainer, proposed to work through his own company providing physical training, fitness, and wellness services to clients including older adults, physical therapy patients, and cancer survivors, promoting exercise and healthy lifestyles.
Field: athletic training · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the record does not establish how the endeavor would have broader implications in terms of significant potential to employ U.S. workers or have substantial positive economic effects, beyond the Petitioner and his clients”
“the record does not establish the significance of employing 11 workers and how that may constitute a substantial positive economic effect”
“the Petitioner's focus on appeal on the importance of exercise and nutrition in general do not address aspects of the specific endeavor”
“The Petitioner's endeavor of providing athletic training benefits the Petitioner, as the owner and operator of his startup company, and his clients”
AAO decision text
How the evidence was treated
- business plan · discounted
“the record does not establish the significance of employing 11 workers and how that may constitute a substantial positive economic effect”
AAO decision text - resume experience · discounted
“do not address how the proposed endeavor has broader implications beyond his clients”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Local, not national scope · p1 — impact confined to clients / a region
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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.
- INA 203(b)(2)
- INA 291
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