dismissedJUL242024_06B52032024-07-24 · combined · 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, a nurse, proposed working at a Florida hospital while earning a doctorate in nursing, then becoming a travel nurse to help expand advanced nursing practices at her places of work.
Field: nursing · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“we determined the Petitioner did not show her endeavor would have an impact beyond her patients and trainees to the broader field of nursing or healthcare”
“she did not provide sufficient evidence to show it would have a significant impact on solving the nursing shortage in the United States”
“The Petitioner does not provide the specifics needed to show how her new expanded endeavor will be implemented.”
“the Petitioner provides no specifics on how this platform will be implemented, whether she can create it herself or whether she would need to hire professionals to help her”
“she provided no information on the economics of creating such a platform like what it would cost to create and who would burden that cost.”
AAO decision text
How the evidence was treated
- business plan · discounted
“The Petitioner does not provide the specifics needed to show how her new expanded endeavor will be implemented.”
AAO decision text - motion resubmission · discounted
“Although, the Petitioner submits new evidence, this new evidence does not change our decision”
AAO decision text
Where this case turned
- Business plan speculative · p1 — projections without a documented basis or steps
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- 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
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Notable
AAO notes the Petitioner filed two nearly identical motions under different receipt numbers, resulting in two separate decisions being issued. The AAO also treated the expanded endeavor plan as a potential impermissible material change under Matter of Izummi.
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. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of Coelho
- Matter of Izummi
- Matter of Katigbak
Cases in adjacent profiles
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- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
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