NIW Bearings
dismissedAUG032018_01B52032018-08-03 · 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 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 · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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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.

Cases in adjacent profiles