dismissedAPR252023_02B52032023-04-25 · 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 dentist with over a decade of experience in Brazil, initially proposed to work with U.S. dental clinics improving patient care and teaching, then later claimed she would open and operate her own dental clinic in South Carolina.
Field: dentistry · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner must demonstrate the national importance of her specific, proposed endeavor of providing her particular services at dental clinics rather than the importance of dentists and the dental industry in the United States”
“The Petitioner did not offer specific information and evidence to corroborate her assertions that the prospective impact of continuing her work as a dentist in a clinic”
“the record does not show any benefits to the U.S. regional or national economy resulting from her dental position would reach the level of "substantial positive economic effects"”
“the record does not show through supporting documentation how her specific dental services stand to sufficiently extend beyond her prospective clinics or patients”
AAO decision text
How the evidence was treated
- other · discounted
“we will not consider the Petitioner's materially changed proposed endeavor”
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
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
The AAO declined to consider the Petitioner's RFE-stage change of endeavor (from working at clinics to opening her own clinic) as a materially changed set of facts under Matter of Izummi/Bardouille, evaluating only the originally proposed endeavor for national importance.
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. 103.2(b)(1)
- 8 C.F.R. 103.3
- Matter of Bardouille
- Matter of Izummi
- Matter of L-A-C-
- Poursina v. USCIS
Cases in adjacent profiles
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- The Petitioner, a Brazilian-trained physiotherapist, proposed to work as a physical therapist and entrepreneur in the Un
- The Petitioner, a resident physician in New York holding a Chinese bachelor of medicine (MBBS) degree found equivalent t
- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
- The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his