A physician trained in Brazil proposed to work in the United States as a general practitioner and geriatrician, initially as an employee of a medical clinic; she later added plans to own and manage her own clinic and to lecture in underserved communities.

Prong 1 — national importancenot established

“The evidence noted above describes the importance ofthe field of geriatrics, but does not show the national importance of the Petitioner's proposed work as a geriatrician.”

“the record here does not indicate that the Petitioner's practice of geriatrics, whether in her clinic, atl I or somewhere else in the United States, would impact the field of geriatrics more broadly”

“the Petitioner's vague statements that she will "establish[ing] connections with medically underserved communities" are insufficiently specific to demonstrate the potential prospective impact of such activity”

AAO decision text

Prong 2 — well positionednot established

“this evidence shows that she has only just begun the process for achieving licensure as a physician in the United States, and thus was not eligible to participate in, let alone advance, her proposed endeavor at the time she filed her petition”

AAO decision text

How the evidence was treated

• business plan · discounted

  “this was a change which was material to her petition for a national interest waiver, and was therefore not permitted”

  AAO decision text
• recommendation letter · discounted

  “the two sentences in the second letter devoted to its plan for the Petitioner to "give lectures around the country" lack sufficient detail and supporting evidence”

  AAO decision text
• media · discounted

  “describes the importance of the field of geriatrics, but does not show the national importance of the Petitioner's proposed work”

  AAO decision text
• resume experience · discounted

  “she has only just begun the process for achieving licensure as a physician in the United States”

  AAO decision text
• degree · credited

Where this case turned

• 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
• No progress evidence · p2 — no documented movement toward the endeavor since filing

Notable

AAO found that the Petitioner's RFE-response addition of entrepreneurial/business-ownership elements (her own clinic) to an originally employment-based endeavor constituted an impermissible material change under Matter of Izummi, and thus considered only her original proposal to work as an employed geriatrician/general practitioner in its Dhanasar analysis.

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. 103.2(b)(1)
• 8 C.F.R. 103.3
• 8 C.F.R. 204.5(k)(2)
• Matter of Izummi

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