NIW Bearings
dismissedJUN062023_02B52032023-06-06 · 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, 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 · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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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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