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 former educator with a background in arts and art therapy, proposed to operate a small consulting business in Florida offering schools, teachers, and parents training in 'drawing interpretation' to detect socio-emotional issues and prevent violence in children, referring at-risk students to mental health professionals.
Field: educational/mental health counseling (art therapy-based consulting) · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found, and AAO agreed, Petitioner established eligibility as an advanced degree professional based on a Venezuelan master's equivalency.
Prong 1 — national importancenot established · dispositive
“the relevant inquiry is not the importance of the industry or profession in which the individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes to undertake."”
“the Petitioner has not demonstrated that her proposed endeavor will have national implications in the educational counseling field or that it would otherwise broadly impact the field”
“The submitted professional plan does not establish the anticipated scope of the company's services in terms of projected clientele, indicate the company's potential for growth”
“It does not contain, however, any staffing, income, salary, or tax payment projections or provide other figures demonstrating that her specific proposed endeavor has significant potential to employ U.S. workers”
“the record does not support a determination that the Petitioner's consulting business would alleviate this shortage”
AAO decision text
How the evidence was treated
- business plan · discounted
“does not establish the anticipated scope of the company's services in terms of projected clientele, indicate the company's potential for growth”
AAO decision text - recommendation letter · discounted
“the record does not support a conclusion that she is or would be engaged in ongoing research activities”
AAO decision text - media · discounted
“the record does not support a determination that the Petitioner's consulting business would alleviate this shortage”
AAO decision text - resume experience · discounted
“does not substantiate that she has been employed in any capacity since leaving her last position in the educational field in 2007”
AAO decision text - degree · credited
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
- 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
Notable
AAO added an alternative, independent basis for denial not raised by the Director: failure to submit required Form ETA 750B (or ETA 9089 parts J/K/L) initial evidence under 8 C.F.R. 204.5(k)(4)(ii), explicitly framed as an independent and alternative ground for dismissal.
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
- 8 C.F.R. 204.5(k)(2)
- Matter of L-A-C-
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Petitioner failed to show her small consulting endeavor would have broader implications, substantial economic effects, or field-wide impact beyond her direct clientele, defeating Dhanasar prong one.
Support small-business or service endeavors with concrete projections (jobs, revenue, growth, reach) proving impact extends beyond direct clients to the field or economy nationally.
vague
public_health · economic_job_creation · field_advancement
person_focused
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