NIW Bearings
dismissedJAN202026_05B52032026-01-20 · appeal · SCOPS 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 proposed to establish a veterinary services firm in rural New York providing accessible and affordable care to food animals in underserved areas, using mobile clinics, telemedicine, preventative medicine programs, and mentorship/internship programs to address food safety and public health concerns.

Field: veterinary medicine · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS determined and AAO agreed the Petitioner qualified as an advanced degree professional based on his foreign veterinary medicine degree and five years of progressive experience.

Prong 1 — national importancenot established · dispositive

the Petitioner has not shown that his proposed endeavor stands to sufficiently extend beyond his future clients to impact the veterinary industry, the economy, or U.S. societal welfare more broadly
he did not provide sufficient explanation or evidentiary support for the bases of his figures
he did not demonstrate the relevance of these numbers or show how such employment figures would utilize a significant population of workers
merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor
the relevant question is not the importance of the field, industry, or profession in which the individual will work
his opinion is largely conclusory and does not adequately explain how the Petitioner's work would produce such nationally important impacts
the letters of recommendation add little probative value in establishing the Petitioner's eligibility under Dhanasar's first prong

AAO decision text

How the evidence was treated

  • business plan · discounted
    he did not provide sufficient explanation or evidentiary support for the bases of his figures
    AAO decision text
  • recommendation letter · discounted
    the letters of recommendation add little probative value in establishing the Petitioner's eligibility under Dhanasar's first prong
    AAO decision text
  • other · discounted
    the information contained in the industry reports and articles are probative of the importance of the veterinary industry and professions within the veterinary industry, but the information is not sufficiently probative
    AAO decision text
  • other · discounted
    the Petitioner does not elaborate on the 21 indirect jobs the RIMS II calculation anticipates his company will create, such as the type of jobs those would be
    AAO decision text
  • degree · credited
All 6 evidence items
  • resume experience · credited

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO acknowledged that SCOPS conflated prongs 1 and 2 in the RFE but deemed it harmless error after conducting its own de novo review. The Petitioner invoked Buletini v. INS to argue SCOPS failed to consider all evidence in totality; AAO rejected this argument, clarifying USCIS is not required to provide individualized analysis for each piece of evidence. The Petitioner's use of RIMS II economic multipliers to project indirect job creation was specifically addressed and found insufficient for lack of detail on job types and locations.

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