The Petitioner, a radiologist, proposed to continue practicing radiology by establishing a consultancy providing affordable radiological imaging services to patients in Veterans Administration facilities and federally designated underserved or shortage areas.

Prong 1 — national importancenot established · dispositive

“The Petitioner contends that national importance is broadly implicated by the need of their services by the U.S. public, especially those in underserved areas.”

“The practice of radiology in this manner...directly benefits only those individuals availing themselves of the Petitioner's services.”

“The Petitioner has not provided any material, probative, or relevant evidence of national or global implications to the field of radiology or broader implications separate and apart from the benefits that could be realized by the patients that may engage the Petitioner's services.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“But simply having education, skills, and/or knowledge in isolation do not place a petitioner in a position to advance their proposed endeavor.”

“But the letters do not sufficiently establish how the Petitioner prosecution of job duties or other professional services...is either a similar effort as that of their proposed endeavor or how it constitutes a record of success.”

“the Petitioner's and other unrelated third parties' personal assets and prior earnings do not persuasively demonstrate interest or support in the proposed endeavor”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “the letters do not sufficiently establish how the Petitioner['s] prosecution of job duties or other professional services...is either a similar effort...or how it constitutes a record of success”

  AAO decision text
• business plan · discounted

  “The updated 'Business Plan' is also insufficient to demonstrate the national importance of the potential prospective impact of the proposed endeavor.”

  AAO decision text
• resume experience · discounted

  “The Petitioner's demonstration of prior work in the field does not have an influence on the proposed endeavor's potential prospective impact”

  AAO decision text
• citations publications · discounted

  “simply having education, skills, and/or knowledge in isolation do not place a petitioner in a position to advance their proposed endeavor”

  AAO decision text
• funding · discounted

  “personal assets and prior earnings do not persuasively demonstrate interest or support in the proposed endeavor”

  AAO decision text

Where this case turned

• Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
• 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
• Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
• Funding absent · p2 — no documented funding or resources behind the plan
• Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
• Record of success insufficient · p2 — a claimed track record the documents do not establish

Notable

Footnote states the Petitioner's RFE response did not raise or support eligibility for the physician-specific national interest waiver pathway under section 203(b)(2)(B)(ii), which was therefore not considered.

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 L-A-C-
• Matter of Y-B-
• Section 291 of the Act

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