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 nurse, proposed to work as a nurse in the United States providing high-quality urgent/emergency care and to train other nurses using techniques developed in Brazil.
Field: nursing · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO agreed Petitioner established she is an advanced degree professional based on bachelor's degree plus five years progressive experience and a credentials evaluation equating to a master's degree.
Prong 1 — national importancenot established · dispositive
“the record does not suggest that the Petitioner intends to advance STEM technologies and research in the field of nursing.”
“none of the sources discuss her endeavor to work as a nurse, nor does her endeavor include solving or addressing the root causes of the nurse shortage”
“she has not provided sufficient evidence that her endeavor would solve the nurse shortage or that her endeavor would stand to provide substantial economic benefits in the United States.”
“the opinion does not focus on the impacts the Petitioner's nursing services will have on the national issues facing the field of nursing”
“this designation exempts U.S. employers of noncitizen nurses from having to test the labor market... it does not support a finding that nursing-related work inherently has national importance”
AAO decision text
How the evidence was treated
- business plan · discounted
“constitutes a material change in the petition, requiring the filing of a new petition”
AAO decision text - recommendation letter · discounted
“the letters are relevant to prong two of the Dhanasar framework but do not establish the broader implications”
AAO decision text - other · discounted
“they do not specifically discuss the Petitioner's proposed endeavor or explain how her endeavor would have broader implications”
AAO decision text - resume experience · discounted
“the Petitioner's past professional endeavors are the focus of Dhanasar's second prong”
AAO decision text - degree · credited
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
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
Notable
AAO found the Director committed legal error by stating 'continuing employment in one's position, field, or industry is not an endeavor sufficient to evaluate under this analytical framework,' citing Love Korean Church v. Chertoff, but declined to remand because the outcome would be unchanged. AAO also rejected due process/standard-of-proof arguments raised by Petitioner and refused to consider a third, materially changed business plan (proposing an entrepreneurial venture employing 66 workers) submitted during RFE response, citing Matter of Izummi and Matter of Katigbak on material change requiring a new filing. Notes DOL's 'Schedule A' shortage designation for nurses does not itself establish national importance for NIW purposes.
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 E-M-
- Matter of Ho
- Matter of Izummi
- Matter of Katigbak
- Matter of L-A-C-
What this case teaches
Analyst reading of the decision text.
Evidence and expert letters addressed the importance of nursing generally and petitioner's personal skills/experience, not the specific endeavor's broader national-level impact, failing prong one.
Tie industry-wide statistics and expert opinions explicitly to the petitioner's specific proposed endeavor's prospective impact, not just field importance or personal credentials.
vague
public_health · economic_job_creation · us_competitiveness · national_security · geographic_or_shortage_area · stem_positive_factor
person_focused
Cases in adjacent profiles
- The Petitioner, a pharmacist, proposed to work in the United States through her own company providing pharmaceutical reg
- The Petitioner, a Brazilian-trained physiotherapist, proposed to work as a physical therapist and entrepreneur in the Un
- The Petitioner, a resident physician in New York holding a Chinese bachelor of medicine (MBBS) degree found equivalent t
- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
- The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his