NIW Bearings
dismissedAPR052023_03B52032023-04-05 · appeal · Texas 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 work in the United States providing patient care and training other healthcare professionals, citing her emergency and critical care specialization.

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

EB-2 threshold — not met

AAO withdrew Director's finding that Petitioner qualified as advanced-degree professional, finding inconsistent and non-independent employer letters failed to establish 5 years progressive post-baccalaureate experience; also found Petitioner did not meet at least 3 of 6 exceptional ability criteria.

Prong 1 — national importancenot established · dispositive

“the relevant question is not the importance of the industry or profession in which the individual will work”
“we focus on "the specific endeavor that the foreign national proposes to undertake."”
“she has not established how these activities would impact the field of nursing more broadly”
“she has not offered sufficient evidence to establish that her proposed endeavor would place her among the 59.4% of nurses”
“the Petitioner has not explained what her methods, strategies, or approaches are”
“it is insufficient to claim her experience is rare without providing evidence that others do not generally have similar experience”

AAO decision text

How the evidence was treated

  • resume experience · discounted
    “these inconsistencies undermine the credibility of the letters”
    AAO decision text
  • certification membership · discounted
    “we cannot conclude that this document is a license to practice the profession”
    AAO decision text
  • recommendation letter · discounted
    “his advisory opinion is not probative in this matter”
    AAO decision text
  • degree · discounted
    “she has not established that a lato sensu is a graduate degree”
    AAO decision text
  • other · discounted
    “this is not necessarily sufficient to establish that the Petitioner's specific proposed endeavor is nationally important”
    AAO decision text

Where this case turned

  • 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
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO withdrew the Director's favorable threshold finding sua sponte, identifying letter-writing inconsistencies (same format/font/errors suggesting non-independent drafting) and conflicting dates/titles between resume and employer letters. Also notable: AAO discussed a Schedule A nursing shortage designation but held it does not establish national importance of the specific endeavor, and flagged nurse-practitioner qualification as more properly a prong-two issue without reaching it.

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
  • Matter of Ho
  • Matter of L-A-C-
  • Matter of Otiende
  • Poursina v. USCIS

Cases in adjacent profiles