NIW Bearings
dismissedAUG112021_02B52032021-08-11 · 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 dentist proposed to work as a doctor/researcher in dental implantology in the United States, including unspecified research on implant failure mechanisms and possibly teaching oral hygiene.

Field: dentistry / dental implantology · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found, and the AAO did not dispute, that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

“the record does not establish that the Beneficiary's endeavor has national importance”
“the record does not establish how the endeavor would have broader implications in terms of significant potential to employ U.S. workers or have substantial positive economic effects, beyond the Petitioner's unspecified employer”
“the Petitioner's focus on appeal on the importance of the dental industry, and generalized shmiages, do not address aspects of the specific endeavor”

AAO decision text

How the evidence was treated

  • resume experience · discounted
    “do not address how the proposed endeavor in the United States has broader implications beyond his immediate employer and patients”
    AAO decision text
  • other · discounted
    “generalized shmiages, do not address aspects of the specific endeavor and how the performance of the planned activities under the endeavor would have broader implications”
    AAO decision text
  • motion resubmission · discounted
    “resubmits, in relevant part, essentially verbatim language from pages 7-9 of his brief in response to the NOID”
    AAO decision text

Where this case turned

  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • 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
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Notable

The decision cites NYSDOT only in a footnote to note it was vacated by Dhanasar; the case itself applies the current Dhanasar framework, not the legacy NYSDOT test.

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.

  • INA 203(b)(2)
  • INA 291

Cases in adjacent profiles