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 registered nurse sought EB-2 classification as either an advanced-degree professional or individual of exceptional ability, with a national interest waiver of the job offer/labor certification requirement, in connection with her nursing employment.
Field: nursing · Read the decision (uscis.gov)
EB-2 threshold — not met
The prior AAO decision found the Petitioner did not demonstrate she is a member of the professions or that she qualifies as an individual of exceptional ability.
Prong 1 — national importancenot established
“we found that the Petitioner did not show that her proposed employment will be national in scope”
AAO decision text
Prong 3 — balance of factorsnot established
“she will benefit the national interest to a greater extent than an available U.S. worker with the same minimum qualifications”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“she submits an almost identical brief to the one on appeal, presenting arguments previously discussed in our dismissal of the appeal”
AAO decision text
Where this case turned
- Local, not national scope · p1 — impact confined to clients / a region
- U.S. worker availability · p3 — the impracticality of a labour-market test was asserted, not established
Notable
This is a procedural denial of a motion to reconsider: the AAO found the Petitioner merely resubmitted the prior brief without alleging factual or legal error, and also failed to include the required statement regarding pending judicial proceedings under 8 C.F.R. 103.5(a)(1)(iii).
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. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
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