dismissedAUG022024_03B52032024-08-02 · 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, a social worker, planned to operate and manage a nonprofit organization in Central Florida focused on mental health services and access to benefits for the Hispanic community.
Field: social work / community services (mental health, nonprofit management) · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“The Petitioner has not established that her proposed endeavor has a prospective potential impact rising to the level of national importance.”
“The Petitioner's knowledge, skills, and experience in the field, however, relate to the second prong of the Dhanasar framework, which "shifts the focus from the proposed endeavor to the foreign national."”
“The Petitioner's assertions regarding the positive impacts from other initiatives, and her assertion of parallel benefits to be gained by her endeavor, is unsupported by independent evidence and our ability to evaluate it is limited.”
“the Petitioner has not argued that her proposed endeavor would have "significant potential to employ U.S. workers or [have] other substantial positive economic effects, particularly in an economically depressed area."”
AAO decision text
How the evidence was treated
- business plan · discounted
“unsupported by independent evidence and our ability to evaluate it is limited”
AAO decision text - degree · ignored
- resume experience · discounted
“relate to the second prong of the Dhanasar framework, which shifts the focus from the proposed endeavor to the foreign national”
AAO decision text - other · discounted
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
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable
The AAO noted the Petitioner's appeal did not address prong three but stated it would 'fully address' prong one for clarity, reserving opinion on prongs two and three despite the Director having ruled against the Petitioner on all three prongs.
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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