Explore how AAO evaluates evidence.

AAO agreed that the Petitioner's proposed endeavor lacked national importance. Although the endeavor had substantial merit, the Petitioner conflated the importance of the psychology profession generally with the national importance of her specific endeavor. Her business projections and employment figures did not show substantial positive economic effects at a regional or national level, and the occupation shortage argument was not cognizable under Dhanasar.

AAO found the reference letters did not show that the Petitioner's work had affected the field, influenced others, or generated substantial interest. Her citation counts were low (1–4 citations per article), her ResearchGate score comparison to Dr. Dhanasar was unpersuasive, her employer's R&D budget was irrelevant to the individual-focused second prong, post-filing evidence could not be considered, and the peer review invitations were also post-filing and incomplete. Education and citations alone were insufficient.

AAO found the Petitioner's general ambitions to work as a pilot trainer or aircraft engineer may benefit individual employers and trainees but do not rise to the level of national importance contemplated by Dhanasar. Generalized aviation industry information does not speak to the specific proposed endeavor, and the flight school plan introduced via RFE presents impermissible new facts. AAO reserved judgment on whether the proposed endeavor has substantial merit.

AAO agreed with the Director that the Petitioner satisfied the first prong, noting that her research disseminated through scientific journals and conferences has broader implications for the field.

AAO adopted and affirmed the Director's decision, finding that comparisons to Deloitte and similar large-scale entities are not probative of the Petitioner's endeavor given the differences in size and scope, and that revenue and job creation projections lack a sufficient factual foundation and appear to be conjecture. Planned operations in HUBZones do not substantiate the economic growth projections.

AAO agreed that the proposed endeavor had substantial merit in addressing the health and well-being of individuals with skin diseases, but found it did not rise to national importance. The evidence showed that the practice would benefit only the patients directly receiving services, did not have broader implications implicating national interest, and unsupported business projections and the HUBZone argument did not establish meaningful positive economic effects at a national level.

The AAO agreed the proposed endeavor had substantial merit but failed to show national importance because the record did not describe broader implications beyond benefits to individual SME clients. Tracking customer behavioral changes for one business does not broadly implicate the field of business intelligence data analysis, and improving one entity's revenue does not demonstrate a prospective positive economic effect commensurate with national importance.

AAO agreed the endeavor lacked national importance but disagreed with the director's finding on substantial merit, holding that a 'software developer entrepreneur' falls within the range of areas that can demonstrate substantial merit. However, the record failed to show how the IT consulting services would broadly implicate the field at a national level, and the petitioner's arguments about job creation, HUBZone participation, and IT labor shortages did not establish national importance.

AAO found the Petitioner's proposed endeavor was too vague and broad to assess its national importance, with generic and unexplained assertions about innovative services, sustainable building, and economic impact. The Petitioner's emphasis on his 24 years of experience was relevant only to prong two, not national importance. Employment and revenue projections were unsupported and unexplained.

AAO found that the Petitioner's evidence related to the importance of the registered nurse profession generally rather than the national importance of her specific proposed endeavor, and that she failed to show her endeavor would have a broader impact commensurate with national importance.