dismissedAUG182023_01B52032023-08-18 · 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 physician and entrepreneur, proposed to open and operate a medical clinic or clinics, citing anticipated economic impacts including job creation.
Field: medicine · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found she established she was an advanced degree professional; this was not disputed.
Prong 1 — national importancenot established · dispositive
“we will dismiss the appeal because the Petitioner has not established that her endeavor has national importance and thus, does not meet the first prong of the Dhanasar framework.”
“the Director reviewed and analyzed the Petitioner' s claims including her business plan with employment creation assertions, letters of support, and industry reports and articles and discussed their deficiencies.”
AAO decision text
How the evidence was treated
- business plan · discounted
“the Director reviewed and analyzed the Petitioner' s claims including her business plan with employment creation assertions ... and discussed their deficiencies”
AAO decision text - recommendation letter · discounted
- other · discounted
- motion resubmission · discounted
“She does not, however, provide any new evidence or arguments which overcome the Director's determination.”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
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Notable
AAO adopts and affirms the Director's decision under Matter of Burbano rather than independently re-analyzing the evidence in detail; declines to reach prongs 2 and 3 as unnecessary.
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
- Chen v. INS
- Matter of L-A-C-
- Poursina v. USCIS
Cases in adjacent profiles
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- The Petitioner, a Brazilian-trained physiotherapist, proposed to work as a physical therapist and entrepreneur in the Un
- The Petitioner, a resident physician in New York holding a Chinese bachelor of medicine (MBBS) degree found equivalent t
- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
- The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his