The petitioner, a cardiologist, proposed to continue her clinical care of cardiac patients and her cardiology research, including work disseminated through medical journals and conferences.

Prong 1 — national importancenot established

“her clinical work would impact the cardiology field and healthcare industry more broadly, as opposed to being limited to the patients she serves.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“the record is insufficient to demonstrate that the Petitioner is well positioned to advance her proposed research endeavor”

“he does not identify the research topics she presented or discuss the significance of her findings.”

“her published and presented work has been frequently cited by independent researchers or otherwise served as an impetus for progress”

“This evidence, however, post-dates the filing of the petition and does not demonstrate her eligibility for a national interest waiver”

AAO decision text

Prong 3 — balance of factorsnot established

“the evidence that post-dates the filing of the petition are not sufficient to render the Petitioner eligible under the third prong”

“a shortage alone does not demonstrate that waiving the requirement of a labor certification would benefit the United States.”

AAO decision text

How the evidence was treated

• resume experience · discounted

  “not sufficient to demonstrate a record of success or progress in her field, or a degree of interest in her work from relevant parties”

  AAO decision text
• certification membership · discounted

  “This evidence, however, post-dates the filing of the petition and does not demonstrate her eligibility for a national interest waiver”

  AAO decision text
• recommendation letter · discounted

  “he does not identify the research topics she presented or discuss the significance of her findings.”

  AAO decision text
• citations publications · discounted

  “has not shown that her published and presented work has been frequently cited by independent researchers or otherwise served as an impetus for progress”

  AAO decision text
• motion resubmission · discounted

  “The Petitioner's motion has not identified new facts supported by documentary evidence that overcome our basis for summarily dismissing her appeal.”

  AAO decision text

Where this case turned

• Local, not national scope · p1 — impact confined to clients / a region
• Citations insufficient · p2 — citation counts without qualitative account of impact
• Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
• Material change of endeavor · p2 — the endeavor described on appeal is not the one filed
• Record of success insufficient · p2 — a claimed track record the documents do not establish
• Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground
• Occupational shortage argument rejected · p3 — argues a labor shortage — the labor-certification question, not Dhanasar

Notable

The underlying appeal had been summarily dismissed under 8 C.F.R. 103.3(a)(1)(v) for failing to identify any legal or factual error; the AAO treated the subsequent motion to reopen as independently failing both because it did not identify new facts overcoming the summary dismissal and because, even considered on the merits, the newly submitted evidence largely post-dated the petition's filing date and thus could not establish eligibility. The AAO also split the petitioner's dual endeavor (clinical care vs. research) for prong-one purposes, finding clinical work locally scoped but research nationally important, then confined its prong-two analysis to the research endeavor only.

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. 103.5(a)(2)
• INA 203(b)(2)
• Section 291 of the Act

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