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 physician, initially proposed to work as a 'Physician Researcher' conducting medical research in women's and children's health, then later, in response to an RFE, changed her proposed endeavor to working as a nurse practitioner and nurse midwife providing patient care.
Field: medicine / women's and children's health · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director's RFE assumed advanced-degree eligibility based on a foreign medical degree, but the submitted credential evaluation was unclear and combined academics with five years of experience rather than establishing degree equivalence alone; the evaluator also appears to have copied experience directly from the resume rather than reviewing employer letters. AAO withdrew the Director's conclusion and remanded for a proper threshold determination.
Prong 1 — national importancenot established
“we withdraw the Director's conclusions that the Petitioner has established the substantial merit of the proposed endeavor”
“Here, the Petitioner did not clarify her specific proposed endeavor, but rather changed it from that of a "physician researcher" to a "nurse practitioner and nurse midwife."”
“A petitioner may not make material changes to a petition in an effort to make a deficient petition conform to USCIS requirements.”
AAO decision text
Prong 2 — well positionednot established
“we withdraw the Director's conclusions that ... she is well positioned to advance the proposed endeavor.”
AAO decision text
How the evidence was treated
- degree · discounted
“it is not clear whether any of the Petitioner's degrees alone are the foreign equivalent of either a bachelor's or advanced degree.”
AAO decision text - resume experience · discounted
“We note that the section regarding her professional experience is copied directly from her resume.”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Material change of endeavor · p1 — the endeavor described on appeal is not the one filed
- Material change of endeavor · p2 — the endeavor described on appeal is not the one filed
Notable
The Petitioner materially changed her proposed endeavor mid-adjudication, shifting from 'Physician Researcher' to 'Nurse Practitioner and Nurse Midwife' in response to the RFE, without explanation. AAO invoked Matter of Izummi's bar on material changes to petitions and remanded for the Director to first resolve threshold EB-2 eligibility (which the Director had never actually addressed) before reaching the Dhanasar prongs.
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. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- INA 203(b)(2)
- Matter of Izummi
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Petitioner materially changed her proposed endeavor after the RFE (physician researcher to nurse practitioner/midwife), preventing any coherent Dhanasar prong-1 analysis; also unresolved EB-2 qualification threshold.
Define the specific proposed endeavor once, consistently, and early; never alter its core identity in response to an RFE, as this triggers the Izummi material-change bar.
vague
public_health · field_advancement · geographic_or_shortage_area
person_focused
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