dismissedJUL202023_04B52032023-07-20 · appeal · Nebraska 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 pediatrician, sought to open a pediatric medical clinic in Florida, planning to employ a medical assistant and receptionist and offer health workshops and community programs.
Field: pediatric medicine · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found and AAO did not dispute that Petitioner qualifies as an advanced degree professional.
Prong 1 — national importancenot established · dispositive
“the record does not establish that the Petitioner's endeavor will have an impact rising to the level of national importance.”
“does not provide sufficient information about the context of this job creation to establish this would constitute a substantial economic impact”
“working in a field with substantial merit does not mean that one's endeavor will have national importance.”
“the record does not contain sufficient specific information about the logistics or breadth of these programs to establish how widespread their impact will be.”
AAO decision text
How the evidence was treated
- business plan · discounted
“does not provide sufficient information about the context of this job creation to establish this would constitute a substantial economic impact”
AAO decision text - resume experience · discounted
“It does not speak to whether that endeavor has national importance”
AAO decision text - other · discounted
“does not contain any documentation of what progress, if any, she has made in obtaining a U.S. medical license”
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
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Notable
AAO noted the Petitioner had not yet obtained a U.S. medical license (only registered for USMLE) with no evidence of progress by the time of appeal, undercutting the endeavor's concreteness.
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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