NIW Bearings
dismissedJUL082026_01B52032026-07-08 · appeal

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 Beneficiary, a clinical social worker, sought to continue her work at a Washington hospital developing practices, policies, and coordination tools (e.g., Plans of Safe Care, a pediatric placement pathway) to serve marginalized and underserved children and families.

Field: clinical/pediatric social work · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS determined, and AAO agreed, that the Beneficiary's master's degree in social work satisfied the advanced-degree professional requirement.

Prong 1 — national importancenot established · dispositive

the record does not include documentation detailing broader impacts tied directly to the Beneficiary's work to demonstrate that it rises to a level commensurate with national importance
such shortages are directly addressed by the U.S. Department of Labor through the labor certification process
these letters also use vague and generalized terms to characterize the Beneficiary's work ... but they do not identify specific outcomes or offer evidence-based explanations of the potential impacts of her work

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    these letters also use vague and generalized terms to characterize the Beneficiary's work
    AAO decision text
  • degree · credited
  • media · discounted
    does not identify the Beneficiary or explain any role she played in the POSC development for the Petitioner
    AAO decision text
  • other · discounted
    such shortages are directly addressed by the U.S. Department of Labor through the labor certification process
    AAO decision text

Where this case turned

  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
838coded 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 relied heavily on lack of corroborating documentation for third-party letters (e.g., BUILD Initiative and Casey Family Programs materials that did not name the Beneficiary) and explicitly rejected a workforce-shortage argument by noting such shortages are addressed through the labor certification process itself, echoing Dhanasar's own teaching-impact reasoning.

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
  • Flores v. Garland
  • Matter of E-M-
  • Matter of L-A-C-

Cases in adjacent profiles