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 veterinarian, proposed to open and run a mobile veterinary services company in several Florida counties, serving as general manager and head veterinarian providing routine and emergency small-animal care.
Field: veterinary medicine · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found exceptional-ability eligibility; the AAO instead found eligibility via advanced-degree equivalency based on a Brazilian veterinary degree plus five years of progressive post-baccalaureate experience under 8 C.F.R. 204.5(k)(3)(i)(B).
Prong 1 — national importancenot established · dispositive
“the evidence does not demonstrate that the Petitioner's specific undertaking stands to have an impact beyond the organization and clients she would serve”
“the plan does not provide sufficient detail of the basis for these projections, or adequately explain how these sales and staffing targets will be realized”
“Without sufficient evidence regarding the 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”
“The letters of recommendation containing testimonials of the services the Petitioner performed do not describe how the benefits they have received connect to broader implications rising to national importance”
“In any event, labor shortages are better addressed by the labor certification process, which requires a petitioner to undertake a labor market test”
“We recognize the overall value of the veterinary medicine industry and strengthening our nation's veterinary services. However, the evidence does not demonstrate that the Petitioner's specific undertaking stands to have an impact beyond the organization and clients she would serve”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“do not describe how the benefits they have received connect to broader implications rising to national importance”
AAO decision text - business plan · discounted
“does not provide sufficient detail of the basis for these projections, or adequately explain how these sales and staffing targets will be realized”
AAO decision text - degree · credited
- resume experience · credited
- other · discounted
“the submission of letters from experts supporting a petition is not presumptive evidence of eligibility”
AAO decision text
Where this case turned
- Business plan speculative · p1 — projections without a documented basis or steps
- 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
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
- 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 agreed Petitioner qualified for EB-2 classification but on a different basis (advanced-degree equivalency) than the Director found (exceptional ability), yet still dismissed on prong 1. AAO drew an analogy between the Petitioner's veterinary services and Dhanasar's teaching example to reject broader national implications, and explicitly rejected the argument that ubiquity of pet ownership nationwide establishes national importance.
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
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
- Matter of Caron Int'l
- Matter of L-A-C-
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