NIW Bearings
dismissedJUN092021_05B52032021-06-09 · 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.

A dentist proposed to work at a U.S. health care facility providing dental diagnosis, treatment, and complex surgical consultation, educating other dental professionals, and later added public oral-health education seminars.

Field: dentistry · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The record does not demonstrate that [the Petitioner's] dental practice will offer benefits that extend beyond her immediate employment or employer to impact the field of dentistry more broadly.
The proposed endeavor of working in a dental facility to provide expert advice and treatment to patients benefits the patients of that facility
the record does not establish how the endeavor would have broader implications in terms of significant potential to employ U.S. workers or have substantial positive economic effects, beyond the Petitioner's unspecified employer
the Petitioner's focus on appeal on the importance of the dental industry, and generalized shortages, do not address aspects of the specific endeavor

AAO decision text

How the evidence was treated

  • resume experience · discounted
    do not address how the proposed endeavor in the United States has broader implications beyond her immediate employer and patients
    AAO decision text

Where this case turned

  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
746coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

AAO found the Petitioner impermissibly added a new component to the endeavor (public oral-health seminars/streaming) in response to the RFE, citing the material-change doctrine from Matter of Michelin Tire Corp. and Matter of Izummi, before separately finding the originally described endeavor lacked national importance.

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)
  • INA 203(b)(2)
  • INA 291
  • Matter of Izummi

Cases in adjacent profiles