NIW Bearings
dismissedAUG082023_03B52032023-08-08 · 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.

A nurse with a master's degree proposed to work in U.S. hospitals to familiarize herself with the healthcare system, then become a nursing professor, conduct research, and possibly pursue a doctorate in education.

Field: nursing · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

Overall, we have insufficient information concerning the proposed endeavor with which to determine whether it has national importance because the Petitioner's proposed endeavor has not been clearly defined.
we conclude that the lack of specificity in the proposed endeavor inhibits a proper examination of the endeavor's national importance.
shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process.
the relevant question is not the importance of the industry or profession in which the individual will work; instead we focus on the "the specific endeavor that the foreign national proposes to undertake."
Specifically, how one nurse will improve a national shortage or will trigger substantial positive economic impacts has not been explained.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    they do not discuss her specific proposed endeavor or explain why it has national importance.
    AAO decision text
  • other · discounted
    they are of limited value in this matter, as the Petitioner's specific proposed endeavor is unclear.
    AAO decision text
  • resume experience · discounted
    the Petitioner's knowledge, skills, education, and experience are considerations under Dhanasar's second prong
    AAO decision text
  • other · discounted
    the Petitioner provided insufficient evidence demonstrating that she will work in one of these areas in the future
    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
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

The Petitioner's proposed endeavor combined multiple, sequential/uncertain career paths (staff nurse, professor, researcher, doctoral student) without a clear timeline, which the AAO treated as fatal vagueness rather than reaching the merits of national importance substantively; the AAO also referenced HUBZones/opportunity zones and White House workforce initiatives as unsuccessful attempts to establish 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. 103.3
  • Poursina v. USCIS

Cases in adjacent profiles