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, trained as a dentist in Brazil, sought to work as a dental assistant in the U.S. and to establish a company/cooperative offering workforce supply, qualification, and training services for dental assistants in Florida.
Field: dentistry / dental assistant training and staffing · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found, and AAO did not disturb, that Petitioner qualifies as an advanced degree professional based on a Brazilian baccalaureate equivalent in odontology and over five years of progressive experience.
Prong 1 — national importancenot established · dispositive
“the record does not include documentation that defines the Petitioner's endeavor beyond the creation of a limited liability company”
“this material, however, does not demonstrate the importance of a particular endeavor proposed by the Petitioner”
“the revenue and job projections in the new business plan were not supported by objective evidence”
“The Petitioner has not provided data or studies establishing how his proposed endeavor will impact economic areas of concern in Florida”
“the Petitioner's proposed endeavor is further clouded by the fact that he states he intends to participate in a dental residency”
AAO decision text
How the evidence was treated
- business plan · discounted
“the revenue and job projections in the new business plan were not supported by objective evidence”
AAO decision text - resume experience · discounted
- certification membership · ignored
- other · discounted
“this material, however, does not demonstrate the importance of a particular endeavor proposed by the Petitioner”
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
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
Notable
AAO explicitly withdrew the Director's favorable finding on substantial merit, finding the endeavor failed both substantial merit and national importance; also noted the endeavor was 'further clouded' by an ambiguous pivot toward pursuing a dental residency rather than entrepreneurship.
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-
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