NIW Bearings
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 · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact 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