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 Brazilian-trained dental specialist, proposed to work in the United States as a medical scientist and dental hygienist, open his own orthodontic/endodontic clinic in Illinois serving underserved populations, conduct dental research, and advise U.S. dental institutions on business opportunities in Brazil.
Field: dentistry / dental science · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director and AAO both found petitioner qualifies as an advanced degree professional (foreign equivalent of a master's degree in dentistry with specialization in endodontics); threshold EB-2 was not at issue on appeal.
Prong 1 — national importancenot established · dispositive
“Because the Petitioner has not provided consistent information regarding his proposed endeavor, we cannot conclude that he meets either the first or second prong.”
“We can neither identify how much time the Petitioner will devote to each activity or if he performs each activity at once.”
“the Petitioner estimated that in opening his own dental practice, he will increase tax revenue and directly create seven jobs. However, he has not provided corroborating evidence to suggest that such benefits would rise to the level of affecting the U.S. gross domestic product.”
“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.'”
“he has not offered a sufficient explanation for how these discrete and individualized benefits would rise to the level of national importance or would impact the field more broadly.”
AAO decision text
Prong 2 — well positionednot established · dispositive
“the Petitioner has not provided a foundation or corroborating details to support the income projections he provided in his business plan. As such, these figures appear to be little more than conjecture.”
“The record provides insufficient evidence of concrete steps the Petitioner has taken towards his proposed endeavor, nor do we have evidence that he has the proper medical and business licenses to begin his proposed endeavor.”
“While we acknowledge that he may have his dental hygienist license in Illinois, this is insufficient to conclude that he has the requisite education and license to practice as a dentist or orthodontist.”
“Generalized conclusory statements that do not identify specific reasons and supporting details have little probative value.”
“none of the authors offer sufficient details to suggest that he is well positioned to carry out 'extensive research,' advise U.S. businesses and dentists, or to open his own dental practice.”
AAO decision text
How the evidence was treated
- business plan · discounted
“the Petitioner has not provided a foundation or corroborating details to support the income projections he provided in his business plan. As such, these figures appear to be little more than conjecture.”
AAO decision text - recommendation letter · discounted
“Generalized conclusory statements that do not identify specific reasons and supporting details have little probative value.”
AAO decision text - other · discounted
“none of the articles and reports discuss the Petitioner's specific proposed endeavor.”
AAO decision text - certification membership · discounted
“While we acknowledge that he may have his dental hygienist license in Illinois, this is insufficient to conclude that he has the requisite education and license to practice as a dentist or orthodontist.”
AAO decision text - resume experience · discounted
“the evidence and level of detail provided do not suggest that the Petitioner impacted the fields of healthcare, dentistry, or business in the past.”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- 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
- Local, not national scope · p1 — impact confined to clients / a region
- Business plan speculative · p2 — projections without a documented basis or steps
- Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
- Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
- No progress evidence · p2 — no documented movement toward the endeavor since filing
Notable
The AAO found that the petitioner materially changed his proposed endeavor between the initial filing (research/consulting focus) and the RFE response (dental hygienist employment and opening a dental practice), citing Matter of Izummi. A business plan belonging to a different NIW petitioner for a different endeavor was inadvertently submitted with the appeal brief. The expert economic opinion letter was discounted because its author, a dental hygiene program director, lacked economics expertise, and her analysis was premised on the original research/consulting endeavor rather than the revised dental-practice endeavor. Both P1 and P2 were found dispositive; P3 was expressly reserved.
What this case teaches
Analyst reading of the decision text.
Petitioner materially changed the proposed endeavor between filing and RFE response, and even under either version failed to show national-scale impact or that he was well positioned to execute it.
Keep the proposed endeavor identical and specific from filing through RFE response, and quantify its impact (jobs, revenue, scope) with corroborated, non-conclusory evidence tied directly to that endeavor.
vague
economic_job_creation · geographic_or_shortage_area · public_health
person_focused
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