NIW Bearings
dismissedAPR042022_01B52032022-04-04 · appeal · Nebraska 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 nurse, proposed to continue working as a nurse in the U.S., applying her acquired knowledge and experience, taking additional courses, and validating her credentials.

Field: nursing · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

her success would be limited to the patients and employers she serves
the record in this matter does not demonstrate that the Petitioner's proposed endeavor stands to sufficiently extend beyond her immediate employer(s), coworkers, and patients
the Petitioner has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects
Without evidence regarding any projected U.S. economic impact or job creation directly attributable to her future work

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the letters demonstrate the high regard the authors have for the Petitioner and her work, they do not establish that the Petitioner's proposed endeavor would be of national importance
    AAO decision text
  • resume experience · discounted
    the Petitioner's expertise and record of success in previous positions are considerations under Dhanasar's second prong
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

Petitioner argued the Director misapplied Dhanasar by evaluating national importance solely in geographic terms and requiring a job offer; AAO rejected this characterization of the Director's decision. AAO declined to reach prongs 2 and 3 as prong 1 was dispositive.

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.

  • INA 203(b)(2)
  • Matter of E-M-
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles