NIW Bearings
dismissedJUN182024_02B52032024-06-18 · 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, a nurse with over 20 years of experience including 13 years supervising geriatric care teams, proposed to provide geriatric nursing care to hospitals, clinics, and retirement communities, including fall prevention, chronic disease management, multilingual patient services, and educating other healthcare professionals.

Field: nursing (geriatric care) · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed with Director that Petitioner established eligibility as an advanced degree professional based on bachelor's equivalent plus five years progressive experience.

Prong 1 — national importancenot established · dispositive

merely working in the healthcare field as a nurse is insufficient to establish the national importance of the proposed endeavor
it does not render a proposed endeavor nationally important under Dhanasar's framework, as it does not in itself establish the proposed endeavor's impact in the field
the Petitioner has not offered sufficient information and evidence based on these recommendation letters to demonstrate her claims of providing broader impact
the opinion focuses on the need for nurses ... instead of the Petitioner's specific endeavor having a prospective impact in the field of nursing
the Petitioner has not demonstrated that her proposed endeavor has the potential to extend beyond her prospective employers and her future patients

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the Petitioner has not offered sufficient information and evidence based on these recommendation letters to demonstrate her claims of providing broader impact
    AAO decision text
  • business plan · discounted
    the industry reports and articles and other evidence submitted do not discuss how the Petitioner working as a nurse for a healthcare facility will address or overcome the shortage
    AAO decision text
  • other · discounted
    stating that the Petitioner's work would support an important industry with a shortage of qualified professionals is not sufficient to meet the 'national importance' requirement
    AAO decision text
  • degree · credited
  • resume experience · discounted
    the record does not demonstrate that the Petitioner's proposed work of educating other healthcare professionals has the potential to substantially benefit the healthcare field
    AAO decision text

Where this case turned

  • 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
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
2,179coded 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

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 Caron Int'l
  • Matter of D-R-
  • Matter of E-M-
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles