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 sought to enlist in the U.S. Armed Forces and serve as a military chaplain, providing religious, spiritual, and moral support to servicemembers and advising commanders on religious matters.
Field: military chaplaincy · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO reversed the Director and found the Petitioner's Austrian doctoral degree in political science equivalent to a U.S. advanced degree, establishing EB-2 eligibility.
Prong 1 — national importancenot established · dispositive
“We first note that the specifics of the Petitioner's proposed endeavor are not clear.”
“However, working in an important field or profession is insufficient to establish the national importance of the proposed endeavor.”
“However, the alleged shortage of occupations or occupational skills does not render the Petitioner's proposed endeavor nationally important under the Dhanasar framework.”
“she has not offered sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance.”
AAO decision text
How the evidence was treated
- degree · credited
- recommendation letter · discounted
“The letters collectively assert that the Petitioner is qualified for the position.”
AAO decision text - other · discounted
“the alleged shortage of occupations or occupational skills does not render the Petitioner's proposed endeavor nationally important”
AAO decision text
Where this case turned
- 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
Notable
AAO overturned the Director's threshold EB-2 finding, crediting an AACRAO EDGE database analysis of an Austrian doctoral degree, but still dismissed on prong 1 national importance grounds. Petitioner's proposed endeavor as a military chaplain was found to lack sufficient specificity because future assignments/deployments were not yet determined by the military at time of filing. A post-filing Master of Divinity degree submitted on appeal was disregarded as after-acquired evidence.
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. 103.2(b)(1)
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
Cases in adjacent profiles
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- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp