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 · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Local, not national scope · p1 — impact confined to clients / a region
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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
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- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
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