dismissedFEB052024_01B52032024-02-05 · 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 nurse, proposed to continue her nursing career working for healthcare facilities in the state of Florida.
Field: nursing · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director acknowledged Petitioner holds equivalent of bachelor's degree plus five years progressive experience, satisfying 8 C.F.R. 204.5(k)(2); not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“the [Petitioner's] endeavor has substantial merit”
“the [Petitioner] has not shown her proposed endeavor in this case stands to sufficiently extend beyond the individuals [she] would serve”
“the record does not establish how the Petitioner's proposed endeavor to continue her individual nursing career...may have the type of "national or even global implications"”
“she does not substantiate her claims”
“the record does not support the Petitioner's claim that her individual work as a nurse at one or more healthcare facilities in the state of Florida will "alleviat[e] a severe and growing staffing deficit"”
AAO decision text
How the evidence was treated
- other · discounted
“do not discuss the Petitioner, the specific endeavor she proposes to undertake”
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
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Notable
AAO explicitly reserved opinion on prongs 2 and 3, citing Bagamasbad and Matter of L-A-C- for declining to reach unnecessary alternative issues once prong 1 was found dispositive.
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)
- Matter of L-A-C-
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