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 dentist, sought to work in the U.S. as a chief executive and entrepreneur, claiming his endeavor would benefit the U.S. healthcare system and economy.
Field: dentistry / entrepreneurship · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner's Brazilian dentistry degree was found to be an undergraduate/bachelor's-level degree, not a doctorate, and dentistry customarily requires a doctoral degree that cannot be satisfied through a combination of bachelor's degree plus five years of progressive experience under 8 C.F.R. 204.5(k)(2). This was dispositive; the AAO declined to reach the Dhanasar prongs.
How the evidence was treated
- degree · discounted
“his academic certificates clearly state that the degree he earned is an undergraduate degree”
AAO decision text - recommendation letter · discounted
“do not claim that the Petitioner holds the foreign equivalent of a DDS or DMD, nor do they address this”
AAO decision text - resume experience · ignored
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Notable
AAO relied on the Occupational Outlook Handbook (OOH) entry for Dentists to determine that dentistry customarily requires a doctoral degree, thus barring the bachelor's-plus-experience equivalency route; the Director had not fully analyzed the Dhanasar prongs and AAO expressly declined to reach them given the threshold failure.
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
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
- Matter of L-A-C-
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