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 dentist, proposed to practice as a dental surgeon in the United States, offering specialized services in aesthetic dentistry, dental prosthesis, periodontics, Botulinum toxin, and minor oral surgery, while also providing educational lectures.
Field: dentistry · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found Petitioner qualified as individual of exceptional ability, though AAO noted Director did not adequately explain this finding; Petitioner did not contest advanced degree finding on appeal, deeming that issue waived. AAO reserved final determination on underlying classification.
Prong 1 — national importancenot established · dispositive
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her future patients and employer(s) to impact the dental industry more broadly”
“The Petitioner also did not show that her proposed endeavor has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.”
“they do not offer persuasive detail concerning the impact of her proposed endeavor or establish how such impact would extend beyond her employer and/or patients”
“the author focuses on the importance of the dental industry in the United States. The issue here, however, is not the national importance of the field, industry, or profession”
“the Petitioner has not offered sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor, however admirable, rises to the level of national importance”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“they do not offer persuasive detail concerning the impact of her proposed endeavor or establish how such impact would extend beyond her employer”
AAO decision text - other · discounted
“The opinion letter does not contain sufficient information and explanation, nor does the record include adequate corroborating evidence”
AAO decision text - resume experience · discounted
“the Petitioner relies, in large part, on her expertise and record of success in previous positions which are considerations under Dhanasar's second prong”
AAO decision text - certification membership · discounted
“she did not sufficiently establish how her education, license to perform work as a dentist, and membership...show that she possesses a degree of expertise significantly above that ordinarily encountered”
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
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
- Local, not national scope · p1 — impact confined to clients / a region
Notable
AAO added a footnote criticizing the Director's finding that Petitioner qualified as exceptional ability without adequate explanation, and noted the Petitioner improperly attempted to add a 'general research component' to her endeavor at the RFE stage, which the AAO rejected citing Matter of Izummi and the requirement to establish eligibility at time of filing (Matter of Katigbak).
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. 103.2(b)(12)
- 8 C.F.R. 103.2(b)(8)
- 8 C.F.R. 103.3
- Matter of Izummi
- Matter of Katigbak
- Matter of O-R-E-
- Matter of R-A-M-
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Petitioner failed to show her specific dental practice endeavor would extend impact beyond her own patients/employers to the industry or economy at a nationally important scale.
Define the endeavor concretely and support it with evidence quantifying its broader field, economic, or public-health impact beyond personal clientele/employer.
vague
public_health · economic_job_creation · field_advancement
person_focused
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