NIW Bearings
dismissedJUL112024_08B52032024-07-11 · 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 veterinarian, proposed to work as an animal health specialist providing medical and surgical care, dermatology treatment, and clinical pathology diagnostics for companion animals, along with services and programs related to emotional support animals.

Field: veterinary medicine / animal health (companion animals and emotional support animals) · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed with the Director that the Petitioner's Doctor in Veterinary Sciences degree qualifies her as a member of the professions holding an advanced degree, despite a footnote noting AACRAO EDGE evaluated the foreign diploma as equivalent only to a U.S. vocational/specialized high school curriculum.

Prong 1 — national importancenot established · dispositive

Exploration of these several possibilities does not adequately support that the endeavor rises to the level of national importance.
the relevant question is not the importance of the industry, field, or profession in which an individual will work; instead, to assess national importance, we focus on the potential prospective impact of the "specific endeavor
The record does not contain evidence that would support the conclusion that the Petitioner's proposed endeavor would lessen the shmiage of veterinarians or increase access to mental healthcare in the United States on a scale commensurate with national importance.
The "Probative Evidence" does not suppmi how the Petitioner's particular endeavor rises to national importance, but rather addresses the state of mental health in America and generally that there is a shortage of veterinarians.

AAO decision text

How the evidence was treated

  • business plan · discounted
    Exploration of these several possibilities does not adequately support that the endeavor rises to the level of national importance.
    AAO decision text
  • resume experience · discounted
    evidence of the Petitioner's education, skills, and expertise, including work experience, generally relates to the second prong of the Dhanasar framework
    AAO decision text
  • other · discounted
    The "Probative Evidence" does not suppmi how the Petitioner's particular endeavor rises to national importance, but rather addresses the state of mental health in America and generally that there is a shortage of veterinarians.
    AAO decision text
  • recommendation letter · discounted
    she offers little corroborative evidence or explanation to support these claims
    AAO decision text
  • degree · 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
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO footnote relies on AACRAO EDGE database finding that the Petitioner's foreign veterinary doctoral diploma is equivalent only to a U.S. vocational/specialized high-school curriculum, yet the Director and AAO still found the advanced-degree EB-2 threshold satisfied. The Petitioner submitted an extensive 'Probative Evidence' exhibit of general policy/fact-sheet documents (COVID, mental health, veterinarian shortage) that the AAO found did not tie to her specific endeavor.

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. 204.5(k)(2)
  • Flores v. Garland
  • Matter of E-M-
  • Matter of L-A-C-

Cases in adjacent profiles