NIW Bearings
dismissedAPR142023_02B52032023-04-14 · 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 dentist, stated he intended to work in the United States as an entrepreneur, though the decision does not further describe the specific proposed endeavor.

Field: dentistry / entrepreneurship · Read the decision (uscis.gov)

How the evidence was treated

  • resume experience · discounted
    he did not sufficiently document his five years of progressive post-baccalaureate experience through letters from prior employers detailing the duties he performed
    AAO decision text
  • other · ignored
    The Petitioner's response to the RFE did not include this required initial evidence
    AAO decision text

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Notable

The dismissal was primarily procedural: the Petitioner's Form I-290B did not contest the Director's Dhanasar prong findings, so the AAO deemed those issues waived and dispositive without substantively analyzing any of the three prongs. The AAO also declined to reach the advanced-degree/experience issue since the waiver was independently dispositive, and separately noted a third, alternate basis for denial—failure to submit the required ETA 750B or ETA 9089 parts J/K/L labor certification documentation.

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
  • 8 C.F.R. 204.5(k)(2)
  • Matter of L-A-C-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to contest the Director's Dhanasar/national-interest findings on appeal, waiving them as dispositive; also failed to submit required ETA 750B/9089 labor-cert evidence.

Transferable lesson

Always submit an appellate brief substantively addressing every ground of denial, including required initial evidence forms, or those grounds are deemed waived and dispositive.

Endeavor framing

vague

Evidence targeting

person_focused

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