dismissedAPR302024_03B52032024-04-30 · 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.
A foreign-trained orthodontist proposed to simultaneously work as a dental consultant advising U.S. dentists, serve as a dental professor/educator, and open his own dental clinic in the U.S. after obtaining licensure.
Field: dentistry/orthodontics · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“It is unclear from the evidence in the record that the work of a single healthcare professional in the field of dentistry, irrespective of that proposed endeavor's success or failure, would have a significant impact on the field beyond its immediate sphere of influence.”
“if in fact these shortages can be addressed by adding additional able, willing, qualified, and available international workers like the Petitioner, they would be better addressed through the U.S. Department of Labor's (DOL) labor certification process.”
“the record contains insufficient documentation to support or even describe job creation of any significance such that it rose to a level commensurate with national importance.”
“The writer's opinion focused on the Petitioner's ability and achievement when rendering their opinion.”
AAO decision text
Prong 2 — well positionednot established
“simply having education, skills, and/or knowledge in isolation do not place a petitioner in a position to advance their proposed endeavor.”
“The Petitioner states that they are not in possession of a license and are actively seeking to "revalidate" in the United States.”
“the recommendation letters the Petitioner submitted are not material, relevant, or probative evidence in the record of interest or support in the endeavor the Petitioner proposed in their petition.”
AAO decision text
How the evidence was treated
- media · discounted
“It is unclear from the evidence in the record that the work of a single healthcare professional... would have a significant impact on the field beyond its immediate sphere of influence.”
AAO decision text - recommendation letter · discounted
“the recommendation letters the Petitioner submitted are not material, relevant, or probative evidence in the record of interest or support”
AAO decision text - resume experience · discounted
“simply having education, skills, and/or knowledge in isolation do not place a petitioner in a position to advance their proposed endeavor.”
AAO decision text - business plan · discounted
“the record contains insufficient documentation to support or even describe job creation of any significance such that it rose to a level commensurate with national importance.”
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
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
- Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
- Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
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Notable
The proposed endeavor combined three simultaneous roles (consultant, educator, clinic operator) without U.S. licensure yet secured; AAO reserved both the threshold EB-2 classification issue and the third Dhanasar prong, resolving the appeal solely on prongs one and two.
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
- Flores v. Garland
- Matter of Caron Int'l
- Matter of L-A-C-
- Matter of Y-B-
- Section 291 of the Act
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