NIW Bearings
dismissedJUN172026_02B52032026-06-17 · appeal

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, a physician with experience as a CEO and pediatrician, proposed to establish a consulting firm offering maternal and child health consulting, mentoring, management, educational services, and digital products.

Field: maternal and child health / pediatrics consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

USCIS found, and AAO did not dispute, that the Petitioner qualifies for the underlying EB-2 classification as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

she provides little meaningful detail beyond these generalized descriptions to specifically explain what these activities involve
the Petitioner has provided little evidence to support the business plan's claimed financial projections.
there is little evidence that her future work stands to impact or significantly reduce any claimed national shortage.
the Petitioner's work in an important industry or sector, even one that is the subject of national priorities, is not sufficient
his opinion is largely conclusory and does not specifically explain how the Petitioner's work, in particular, would produce such nationally important impacts.

AAO decision text

How the evidence was treated

  • business plan · discounted
    it provides only high-level summaries and broad objectives of her intended services without specific details
    AAO decision text
  • recommendation letter · discounted
    his opinion is largely conclusory and does not specifically explain how the Petitioner's work would produce such nationally important impacts
    AAO decision text
  • other · discounted
    they do not establish how her work, in particular, would impact those areas more broadly at a level rising to national importance
    AAO decision text
  • contract revenue · discounted
    the Petitioner has provided little evidence to support the business plan's claimed financial projections
    AAO decision text

Where this case turned

  • 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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
2,501coded 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 analogized the Petitioner's training/consulting activities to Dhanasar's own example of a classroom teacher whose work does not reach national importance. A footnote also notes an internal receipt-number correction unrelated to the merits. AAO expressly reserved prongs 2 and 3 and the substantial-merit portion of prong 1, resting dismissal solely on failure to show 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. 103.3
  • Flores v. Garland
  • INA 203(b)(2)

Cases in adjacent profiles