NIW Bearings
dismissedJUL152024_04B52032024-07-15 · 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 proposed to work as a physical therapist providing specialized services in neurology and education, aiming to impact the field of physical therapy through innovation in the U.S.

Field: physical therapy · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner lacked five years of progressive post-baccalaureate experience for advanced degree equivalency; AAO withdrew this finding, holding letters from former employers met 8 C.F.R. 204.5(k)(3)(i)(B) requirements, establishing EB-2 eligibility.

Prong 1 — national importancenot established · dispositive

However, the Petitioner does not provide support for these assertions, nor does the evidence on record establish that her endeavor will directly result in broader implications to the field
Generalized conclusory statements that do not identify a specific impact in the field have little probative value.
merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor
the Petitioner does not show that her proposed endeavor has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation

AAO decision text

How the evidence was treated

  • resume experience · credited

Where this case turned

  • 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
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Notable

AAO overturned the Director's threshold EB-2 denial (finding the employment letters sufficient to establish progressive experience equivalency), yet still dismissed the appeal solely on Dhanasar prong 1 national importance grounds, reserving prongs 2 and 3.

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 L-A-C-

Cases in adjacent profiles