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 clinical laboratory scientist/medical technologist, sought to continue performing laboratory testing and analysis, including work in a specialized biocontainment unit treating patients with highly infectious diseases such as Ebola.
Field: medical technology / clinical laboratory science · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO found, though not addressed by the Director, that the Petitioner qualifies as a member of the professions holding an advanced degree based on her bachelor's degree and employment letter.
Prong 1 — national importancenot established · dispositive
“the Petitioner has not demonstrated that the benefits of this proposed work will extend beyond or any other employer in the healthcare industry, at a level sufficient to establish the national importance of her proposed endeavor.”
“the relevant question is not the importance of the field or industry in which the individual will work, but "the specific endeavor that the foreign national proposes to undertake."”
“the Petitioner has not established that her work within the as a medical technologist stands to impact the field of healthcare more broadly.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“it is not sufficient to demonstrate that the Petitioner's proposed work as a medical technologist has broader implications for the field of medicine or for healthcare in the United States.”
AAO decision text - resume experience · credited
- degree · credited
- other · discounted
“it is not sufficient to demonstrate that the Petitioner's proposed work as a medical technologist has broader implications for the field of medicine or for healthcare in the United States.”
AAO decision text
Where this case turned
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- 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
Notable
The decision includes a footnote noting that Dhanasar vacated the prior NYSDOT precedent. The AAO credited the Petitioner's threshold EB-2 eligibility (advanced degree professional) even though the Director had not addressed it, but found the national importance prong dispositive, declining to reach prongs two and three.
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