The Petitioner, an ophthalmologist, proposed to serve as CEO of his own sole-proprietorship ophthalmology clinic in Florida focused on eye care and blindness prevention, later adding consulting, training, and telemedicine services for other providers.

Prong 1 — national importancenot established · dispositive

“the record does not demonstrate that, beyond the limited benefits provided to his prospective clients and employees, the Petitioner's proposed endeavor has broader implications”

“the Petitioner did not present any supporting evidence corroborating the assertions and projected figures in his business plan.”

“the alleged shortage of occupations or occupational skills are directly addressed by the U.S. Department of Labor through the labor certification process”

“The updated business plan only included a brief description of the consulting services.”

“the Petitioner did not provide sufficient details regarding his consulting endeavor to establish national importance as contemplated by Dhanasar”

AAO decision text

How the evidence was treated

• business plan · discounted

  “his business plans do not specify how he intends to reduce physician shortage at a level commensurate with national importance”

  AAO decision text
• resume experience · discounted

  “the Petitioner's knowledge, skills, and abilities relate to the second prong of the Dhanasar framework”

  AAO decision text
• media · credited
• recommendation letter · ignored

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
• Endeavor too vague · p1 — described as a job role, not a defined undertaking
• Local, not national scope · p1 — impact confined to clients / a region
• Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar

Notable

AAO withdrew the Director's finding on 'substantial merit' but still found national importance lacking; it also addressed an amended/consulting endeavor the Director had declined to consider as a material change, ultimately finding it too vague even if considered.

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
• Matter of L-A-C-

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