dismissedSEP222025_01B52032025-09-22 · appeal
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 establish and manage a boccia club/adaptive sports center in Florida serving individuals with cerebral palsy and reduced mobility, while acting as its general manager and lead adaptive sports specialist.
Field: adaptive sports therapy / adapted physical education · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS found that the Petitioner qualifies as a member of the professions holding an advanced degree, and this was not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“the record does not support a determination that the Petitioner's operation of a local adaptive sports center will have "broader implications"”
“The record does not show that the creation of 22 jobs and the expected tax revenue generated by the Petitioner's company will have a substantial economic benefit”
“the Petitioner's business plan does not have a specific explanation of how the employment and revenue projections will be realized”
“the Petitioner does not offer an evidentiary basis to conclude that his operation of a boccia club with one location will have such far-reaching results”
AAO decision text
Prong 2 — well positionednot established · dispositive
“those referenced recommendation letters simply note his qualifications as a sports instructor; they do not indicate plans to collaborate with or fund the Petitioner's business”
“the Petitioner in this case has not demonstrated that he has a "record of success in related or similar efforts"”
“he has not established that he is well positioned to advance the proposed endeavor of opening and operating a sports club”
“he failed to submit evidence of having this funding to create or operate his proposed endeavor”
“his education and past work experience does not suffice to otherwise establish that he is well-positioned to advance his endeavor”
AAO decision text
How the evidence was treated
- business plan · discounted
“does not have a specific explanation of how the employment and revenue projections will be realized”
AAO decision text - recommendation letter · discounted
“they do not indicate plans to collaborate with or fund the Petitioner's business”
AAO decision text - resume experience · discounted
“does not demonstrate that the Petitioner has relevant managerial experience developing and overseeing business operations for a sports club”
AAO decision text - certification membership · discounted
“education and past work experience does not suffice to otherwise establish that he is well-positioned to advance his endeavor”
AAO decision text - degree · discounted
“education and past work experience does not suffice to otherwise establish that he is well-positioned to advance his endeavor”
AAO decision text
All 6 evidence items
- funding · discounted
“failed to submit evidence of having this funding to create or operate his proposed endeavor”
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
- 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
- Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
- Funding absent · p2 — no documented funding or resources behind the plan
- Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
- 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
1,312coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds →
Notable
The AAO overturned SCOPS's own affirmative finding that the endeavor met prong one (national importance), reversing a favorable determination the agency itself had made below; the Petitioner's argument that national importance derived from the general societal benefits of adaptive sports (rather than his specific single-location endeavor) was expressly rejected as field-level rather than endeavor-specific.
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
- Flores v. Garland
- INA 203(b)(2)
- Matter of L-A-C-
Cases in adjacent profiles
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers