The Petitioner, a nurse, proposed to work as a nurse, healthcare manager, and nursing professor across various healthcare institutions and specialties in the United States.

Prong 1 — national importancenot established · dispositive

“This does not provide a sufficient basis to evaluate the specific endeavor's potential national importance.”

“while nursing is an endeavor of substantial merit, that does not mean that all nursing positions are therefore endeavors with national importance.”

“it is not apparent from the evidence provided how the Petitioner's employment as a nurse would, in and of itself: resolve this shortage or impact it on a national level.”

“she does not specify how, as one nurse, she would impact this shortage on a level rising to national importance.”

“she has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects”

AAO decision text

How the evidence was treated

• resume experience · discounted

  “these factors speak to the second prong of the Dhanasar test... The Petitioner's abilities as a nurse do not establish that her endeavor's impact would rise to the level of national importance.”

  AAO decision text
• certification membership · discounted

  “the Petitioner has not provided any evidence that she is licensed to practice nursing in the United States.”

  AAO decision text
• other · discounted

  “this is not a waiver of the job offer requirement, and as such does not support a finding that working as a nurse inherently has national importance”

  AAO decision text

Where this case turned

• Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
• Endeavor too vague · p1 — described as a job role, not a defined undertaking
• Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
• 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

The AAO discussed DOL's Schedule A designation for nursing shortages, clarifying that this labor-market exemption does not equate to a national interest waiver or establish national importance. A footnote also advised that evidence of a nursing license, if required, would be relevant to prong two in any future filing.

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-
• USCIS Policy Manual F.5(D)(1)

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