NIW Bearings
dismissedJUL252023_05B52032023-07-25 · 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 proposed to work as a freelance veterinary sonographer providing ultrasound diagnostic services to animals, eventually growing this into a staffing/training business with a technician network and research and development unit focused on 'televeterinary' technology.

Field: veterinary sonography · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO withdrew the Director's finding of advanced-degree professional eligibility; the credential evaluation combining education and work experience was not probative since a single degree plus five years of progressively responsible experience is required, and work experience letters lacked sufficient duty descriptions to establish progressive responsibility in the specialty. Exceptional ability track also found insufficiently evidenced.

Prong 1 — national importancenot established · dispositive

“The provision of veterinary services directly benefits only those individuals with pets availing themselves of the Petitioner's services.”
“But the record contains insufficient documentation to support the Petitioner's projections.”
“the writer identifies a shortage of veterinarians and professionals who provide veterinary services but did not explain how the Petitioner's work would alleviate those shortages at a national level”
“In any event, labor shortages are better addressed by the labor certification process”
“The record does not have a cognizable or detailed plan for reaching an audience wider than the individuals it will purportedly hire and train”

AAO decision text

Prong 2 — well positionednot established

“The record simply does not reflect any progress to achieving the proposed endeavor.”
“the recommendation letters the Petitioner submitted are not material, relevant, or probative evidence in the record of interest or support in the endeavor”
“it is unclear in the record how any veterinary sonography services could legally be provided from the single-family home”
“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

How the evidence was treated

  • business plan · discounted
    “a social media marketing plan to engage with pet owning individuals did not demonstrate a model for the actual activities”
    AAO decision text
  • recommendation letter · discounted
    “they do not identify any recognition, achievements, or significant contributions to their field”
    AAO decision text
  • media · discounted
    “much of the letter's content lacks relevance when it comes to the evaluation of whether the Petitioner's work rises to the level of national importance”
    AAO decision text
  • contract revenue · discounted
    “the record contains insufficient documentation to support the Petitioner's projections”
    AAO decision text
  • degree · discounted
    “the credential evaluation is not probative to establish the Petitioner's categorical eligibility”
    AAO decision text
All 6 evidence items
  • resume experience · discounted
    “the work experience letters contained in the record are not sufficient to evaluate whether the Petitioner has gained at least five years of progressively responsible post-baccalaureate work experience”
    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
  • 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
  • Business plan speculative · p2 — projections without a documented basis or steps
  • Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
  • No progress evidence · p2 — no documented movement toward the endeavor since filing
  • Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable

AAO expressed skepticism about the Petitioner's self-identification as a 'veterinarian' absent evidence of licensure or a DVM-equivalent degree, and separately withdrew the Director's favorable threshold EB-2 finding sua sponte even though it was not dispositive to reach it, noting inconsistencies in projected employee counts (250 vs. 34) as casting doubt on overall veracity under Matter of Ho. The AAO also noted the extensive revisions to the endeavor's description via RFE response were 'troublesome' but ultimately did not constitute a material change in the endeavor's character.

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 Caron Int'l
  • Matter of Ho
  • Matter of Izummi
  • Matter of Katigbak
  • Matter of L-A-C-
  • Matter of Y-B-
  • Section 291 of the Act

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