NIW Bearings
dismissedSEP152021_12B52032021-09-15 · combined · 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 start a physical therapy business in Florida providing clinic- and home-based physical therapy, including fall-prevention services for people over 55.

Field: physical therapy · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the Petitioner has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation as contemplated by Dhanasar”
“the document does not address the Petitioner's endeavor or any particularly targeted employment area”
“the Petitioner did not submit any new evidence on motion to establish whether the endeavor has significant potential to employ U.S. workers or have other substantial positive economic effects”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the document does not address the Petitioner's endeavor or any particularly targeted employment area”
    AAO decision text
  • recommendation letter · discounted
    “the resubmitted document does not present a new fact on motion”
    AAO decision text
  • motion resubmission · discounted
    “Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”
    AAO decision text
  • other · discounted
    “the Petitioner's reference on motion to COVID-19 ... addresses facts that did not exist at the time of filing in 2018”
    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
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Notable

The Petitioner attempted to import EB-5 'targeted employment area' and job-creation standards into the Dhanasar national-importance analysis, and misquoted Matter of Ramos (conflating BIA motion-to-reconsider standards with USCIS's); the AAO rejected both arguments as unsupported and legally distinct programs.

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. 103.2(b)(1)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)

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