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.
A Brazilian-trained nurse sought to work in the U.S. providing specialized nursing care in hyperbaric oxygen therapy, ICU nursing, nursing management, and occupational nursing.
Field: nursing · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO found the education evaluation relied on a CV rather than required employer letters, and employment letters did not establish full-time status, so the record did not show five years of full-time progressive experience equivalent to a master's degree.
Prong 1 — national importancenot established · dispositive
“in determining national importance, the relevant question is not the importance of the field, industry, or profession in which the individual will work”
“The national interest waiver is not intended to address labor shortages.”
“they do not detail how the Petitioner's experience would impact the nursing field beyond her immediate patients, co-workers, and employers”
“Without evidence regarding any projected U.S. economic impact or job creation directly attributable to her future work, the record does not show that benefits to the regional or national economy resulting from the Petitioner's endeavor would reach the level of "substantial positive economic effects"”
AAO decision text
How the evidence was treated
- degree · discounted
“the evaluator relied on the Petitioner's curriculum vitae, rather than letters from current or former employers as required by the regulation”
AAO decision text - resume experience · discounted
“without more detailed information and corroboration from the Petitioner's employers, the record does not sufficiently show that she acquired five years of full-time, progressive experience”
AAO decision text - recommendation letter · discounted
“they do not detail how the Petitioner's experience would impact the nursing field beyond her immediate patients, co-workers, and employers”
AAO decision text - other · discounted
“the availability of Schedule A to the nursing profession does not establish a nursing endeavor is of national importance”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- 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
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
Notable
AAO withdrew the Director's threshold finding that Petitioner qualified as advanced-degree professional, newly finding the underlying EB-2 classification unmet, while also independently finding prong 1 national importance unmet; both bases discussed but prong 1 explicitly identified as dispositive, with threshold classification and prongs 2/3 reserved.
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. 204.5(k)(2)
- Flores v. Garland
- Kazarian v. USCIS
- Matter of L-A-C-
What this case teaches
Analyst reading of the decision text.
Petitioner's evidence showed only localized impact on her own employers, patients, and colleagues, not effects extending broadly enough to constitute national importance under Dhanasar.
Tie the specific proposed work—not the field or shortage generally—to quantifiable, broader impact beyond one's own employer or patients to satisfy prong one.
vague
field_advancement · geographic_or_shortage_area · economic_job_creation · public_health
person_focused
Cases in adjacent profiles
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