dismissedSEP212023_01B52032023-09-21 · 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 initially proposed to work as a post-secondary recreation and fitness studies teacher for a U.S. institution, then later shifted to establishing a sports academy business in Florida offering soccer, volleyball, footvolley lessons, and sports consultancy.

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

EB-2 threshold — addressed

AAO agreed with the Director that the Petitioner established eligibility as an advanced degree professional based on his foreign equivalent bachelor's degree plus five years of progressive experience.

Prong 1 — national importancenot established · dispositive

“The Petitioner has not provided a definitive and consistent description of his proposed endeavor that would allow for a meaningful analysis”

“The Petitioner asserted that his proposed endeavor is of substantial merit and national importance stressing the "rising shortage of teachers at al I levels, especially post-secondary teachers"”

“the record does not sufficiently document the potential prospective impact, including the asserted economic benefits to Florida and the United States”

“Instead, of focusing on the importance of an industry or the need for workers in a specific industry, we focus on the "the specific endeavor that the foreign national proposes to undertake."”

“Simply stating that his work would be in an area of importance is not sufficient to meet the "national importance" requirement under the Dhanasar framework.”

AAO decision text

How the evidence was treated

business plan · discounted
“the record does not sufficiently document the potential prospective impact, including the asserted economic benefits to Florida and the United States”
AAO decision text
recommendation letter · discounted
“Simply stating that his work would be in an area of importance is not sufficient to meet the "national importance" requirement”
AAO decision text
other · discounted
“The industry reports and articles submitted 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
resume experience · discounted
“the Petitioner's reliance on his professional experience, credentials, and achievements to establish the national importance of his proposed endeavor is misplaced”
AAO decision text
degree · credited

Where this case turned

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
Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar

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Notable

The AAO found the Petitioner's shift from proposing to be a post-secondary teacher to proposing to establish a sports academy business constituted a material, impermissible change to the endeavor description (citing Matter of Izummi), undermining a coherent national-importance analysis; the AAO declined to reach prongs two and three under Bagamasbad/L-A-C- given the dispositive prong-one failure.

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. 103.3
8 C.F.R. 204.5(k)(2)
INA 203(b)(2)
Matter of Izummi
Matter of L-A-C-

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