dismissedJAN292024_05B52032024-01-29 · combined · Nebraska 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 pediatrician trained abroad, intended to work in the United States as a registered nurse.
Field: pediatrics / nursing · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“we concluded that the Petitioner did not establish that her proposed endeavor has national importance under the first prong of the Dhanasar analysis”
“The Petitioner's brief on motion does not overcome those deficiencies and does not establish that her proposed endeavor has national importance.”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”
AAO decision text - other · discounted
“we do not consider the approval of the Petitioner's later filed petition to be a material fact that warrants reopening”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- motion resubmission · p1 — the filing repeats the prior record rather than meeting the motion standard
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Notable
Petitioner argued that a subsequently filed and approved I-140 NIW petition based on similar facts constituted a 'new fact' warranting reopening; AAO rejected this, holding it is not bound by potentially erroneous prior approvals or by a service center's contradictory decision. Motion to reconsider failed because Petitioner did not identify any legal or policy error in the prior decision.
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. 103.5
- Matter of L-A-C-
- Poursina v. USCIS
Cases in adjacent profiles
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- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
- The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his