dismissedAUG112021_05B52032021-08-11 · 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.
The Petitioner, a dentist trained in Brazil, proposed to work as a dental surgeon and researcher in the U.S., providing treatment and care, teaching, and improving the efficiency of dentistry.
Field: dentistry · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found Petitioner qualifies as an advanced degree professional; not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“The verbatim language from the O*NET summary report does not establish what the specific endeavor would entail, beyond matching the generalized tasks of positions in the same occupational category”
“The record does not demonstrate that [the Petitioner's] dental practice will offer benefits that extend beyond his immediate employment to impact the field of dentistry more broadly.”
“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 shortages, do not address aspects of the specific endeavor”
AAO decision text
How the evidence was treated
- other · discounted
“does not establish what the specific endeavor would entail, beyond matching the generalized tasks of positions in the same occupational category”
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
Petitioner's job duties list was found to match verbatim the O*NET Online summary report for the general dentist occupational category, which AAO cited as evidence of vagueness/genericness of the endeavor description.
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