The Petitioner proposed to work as an optometrist providing eye and vision care services, contribute to the optometry profession as a researcher, and establish clinics in underserved areas to increase access to vision care.

Prong 1 — national importanceestablished

“The record does not establish that the Petitioner's proposed endeavor has broader implications to the field of optometry beyond her own clients and business or that it has significant potential to employ U.S. workers or other substantial positive economic effects, commensurate with national importance as contemplated by Dhanasar.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“However, holding a degree is just one factor in assessing whether a petitioner is well-positioned.”

“the Petitioner has not submitted evidence that she currently owns and is running a clinic in the United States”

“the Petitioner's future plan does not provide specific details of what future research she plans on pursuing to contribute to the advancement of the optometry profession”

“The Petitioner also has not provided evidence of interest of potential customers, users, investors, or other relevant entities or individuals in her proposed endeavor”

“the Petitioner did not submit documentation demonstrating a strong citation history of her work or excerpts of published articles”

“neither author of these letters discussed the Petitioner's business acumen, her ability to run a business and manage others, the success of the business she claims to have co-owned”

AAO decision text

How the evidence was treated

• degree · discounted

  “holding a degree is just one factor in assessing whether a petitioner is well-positioned”

  AAO decision text
• certification membership · discounted

  “the record does not contain any evidence of her obtaining any necessary licensure here in the United States”

  AAO decision text
• recommendation letter · discounted

  “neither author of these letters discussed the Petitioner's business acumen, her ability to run a business and manage others”

  AAO decision text
• business plan · discounted

  “the documents do not specify future activities related to the proposed endeavor of researching and establishing clinics”

  AAO decision text
• resume experience · credited

Where this case turned

• Local, not national scope · p1 — impact confined to clients / a region
• Business plan speculative · p2 — projections without a documented basis or steps
• Citations insufficient · p2 — citation counts without qualitative account of impact
• Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
• Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
• No progress evidence · p2 — no documented movement toward the endeavor since filing
• Record of success insufficient · p2 — a claimed track record the documents do not establish
• Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground

Notable

The AAO expressly disagreed with the Director's unanalyzed finding that prong 1 (national importance) was satisfied, but declined to disturb the outcome since it found prong 2 dispositive; it also cited Flores v. Garland for the discretionary nature of NIW grants.

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
• Matter of L-A-C-

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