NIW Bearings
dismissedJUL012024_08B52032024-07-01 · appeal · Texas 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 dental assistant, proposed to open a cooperative offering training and job placement services for dental assistants (including foreign-trained dentists and dental assistants), available online and in-person.

Field: dental assistant training and placement · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner did not demonstrate that their proposed endeavor had potential prospective impact rising to a level of national importance
shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process
she has not demonstrated that this amount represents an economic impact at the national or regional level through objective evidence
The benefit of the training offered appears limited to the students, the dental offices that employ them, and the patients who experience their care
the relevant question is not the importance of the industry or profession in which the individual will work

AAO decision text

How the evidence was treated

  • business plan · discounted
    she has not demonstrated that this amount represents an economic impact at the national or regional level
    AAO decision text
  • motion resubmission · discounted
    submits evidence already in the record and analyzed in the Director's decision incorporated here by reference
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

AAO expressly analogized the petitioner's training endeavor to Dhanasar's own discussion of teaching, finding professional training likewise does not rise to national importance absent broader field impact.

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. 103.3
  • Matter of L-A-C-

Cases in adjacent profiles