NIW Bearings
dismissedJUL172023_04B52032023-07-17 · 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 sought to work in the United States as a general dentist.

Field: dentistry · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner claimed exceptional-ability classification but met only one of six regulatory criteria (academic record); failed to establish ten years of full-time dentistry experience, a license/certification, commanded salary, or professional membership, and other appeal arguments on these criteria were deemed waived for lack of specificity.

How the evidence was treated

  • resume experience · discounted
    the record does not establish that she was employment in the "Dentist, General" occupation for a period of time covering at least ten years
    AAO decision text
  • degree · credited
  • certification membership · discounted
    we deem the issue waived and conclude the Petitioner has not met this criterion
    AAO decision text

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Notable

The petition failed at the threshold EB-2 exceptional-ability stage (only 1 of 6 criteria met), so the AAO expressly declined to reach the national interest waiver analysis (Dhanasar prongs) under Bagamasbad/Matter of M-F-O-. The AAO also noted an unexplained inconsistency in counsel's use of masculine pronouns to refer to the female Petitioner, questioning the accuracy of counsel's assertions, and deemed several appellate arguments waived for lack of specificity.

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Poursina v. USCIS

Cases in adjacent profiles