This appeal was not successful at this stage
The AAO dismissed the appeal, finding that the petitioner failed to establish eligibility for the underlying EB-2 classification (no qualifying bachelor's degree equivalent) and failed to demonstrate national importance under the first prong of the Dhanasar framework for the NIW.
The petitioner, a Brazilian exercise trainer and fitness entrepreneur, sought an EB-2 National Interest Waiver to open a fitness center in Florida. The AAO dismissed the appeal on two grounds: first, it reversed the Director's finding that she qualified for EB-2 classification, determining that her occupation does not require a bachelor's degree and that combining a physical education license with a lato sensu graduate certificate does not constitute a single foreign bachelor's degree equivalent. Second, the AAO affirmed the Director's finding that the proposed endeavor lacked national importance under the first Dhanasar prong, as the business plan's financial projections were unsupported and the submitted evidence failed to show the fitness center would have broader implications for the exercise/fitness field beyond serving local clients. Because the national importance element was dispositive, the AAO declined to address the second and third Dhanasar prongs.
What worked: The AAO agreed that the petitioner's proposed fitness center business (addressing obesity and weight loss) had 'substantial merit' under the first Dhanasar prong, recognizing the public health importance of the fitness field.
What failed: 1. The petitioner's Brazilian credentials (a physical education license combined with a graduate certificate) did not satisfy the requirement of a single foreign equivalent of a U.S. bachelor's degree for EB-2 classification. 2. The proposed endeavor failed the 'national importance' element because the business plan lacked corroborated financial projections and the evidence did not show the fitness center would impact the broader exercise/fitness field rather than just local clients. 3. The expert opinion letter and industry reports were too general and not specifically tied to the petitioner's proposed endeavor.
Takeaway: NIW petitioners in the fitness or wellness industry must show their specific proposed endeavor has broader field-level or national implications — not just general industry importance — and must support all business projections with independent, corroborating evidence. Applicants should also ensure their educational credentials, standing alone as a single degree, clearly meet the EB-2 advanced degree requirement before filing.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating EB-2-NIW criteria.
● Evidence that moved the needle
- The AAO agreed that the petitioner's proposed fitness center business (addressing obesity and weight loss) had 'substantial merit' under the first Dhanasar prong, recognizing the public health importance of the fitness field.
● Evidence that wasn't enough alone
- The petitioner's Brazilian credentials (a physical education license combined with a graduate certificate) did not satisfy the requirement of a single foreign equivalent of a U.S
- bachelor's degree for EB-2 classification
- The proposed endeavor failed the 'national importance' element because the business plan lacked corroborated financial projections and the evidence did not show the fitness center would impact the broader exercise/fitness field rather than just local clients
- The expert opinion letter and industry reports were too general and not specifically tied to the petitioner's proposed endeavor.
The proposed endeavor (fitness center business addressing obesity and weight loss) was found to have substantial merit under the first Dhanasar prong.
Academic credential evaluation combining a physical education license and a lato sensu graduate certificate — rejected as insufficient to establish a single foreign equivalent of a U.S. bachelor's degree.
Business plan projecting 19 employees, $3.7 million revenue, and $75,305 in federal taxes over five years — found insufficiently detailed and lacking corroboration for the financial/staffing projections.
Industry reports and articles on the economic benefits of immigrants, entrepreneurship, personal trainer demand, gym growth, obesity, and physically active populations — found too general and not tied to the petitioner's specific proposed endeavor.
Expert opinion letter from a sports management professor — focused on the broader physical education industry and the petitioner's credentials rather than the prospective impact of her specific proposed endeavor.
Petitioner's resume, letters of recommendation, and personal statement citing 16+ years of experience — found relevant only to the second Dhanasar prong (individual's positioning), not to national importance of the proposed endeavor.
The Director erroneously found the petitioner eligible for the underlying EB-2 classification; the AAO withdrew that finding because the petitioner's occupation as exercise trainer/group fitness instructor does not require a U.S. bachelor's degree for entry, and her combined Brazilian credentials (license certificate plus graduate certificate) do not constitute a single foreign equivalent of a U.S. bachelor's degree.
The Director found the petitioner well-positioned under Dhanasar's second prong without providing any reasoning or analysis.
Completed
I-140 filed
Exercise trainer, group fitness instructor, and fitness center business owner
Completed
Director — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2023-11-27
AAO decision — Dismissed
The AAO dismissed the appeal, finding that the petitioner failed to establish eligibility for the underlying EB-2 classification (no qualifying bachelor's degree equivalent) and failed to demonstrate national importance under the first prong of the Dhanasar framework for the NIW.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.
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