A Brazilian dental surgeon sought to establish and expand a dental clinic in Utah (with planned expansion to Arizona and Colorado) providing oral health services to underserved U.S. regions, while also advising on surgeries, clinic management, and training programs.

Prong 1 — national importancenot established · dispositive

“the record does not establish that the work of one dentist or dental surgeon would have a nationally significant impact in this field”

“A shortage of qualified professionals alone does not render the work of an individual dentist nationally important under the Dhanasar precedent decision.”

“The job creation and revenue projections included in the Petitioner's business plan are not supported by details showing their basis or an explanation of how those projections will be realized.”

“he has not offered sufficient evidence identifying that the area where his company will operate is economically depressed”

“the Petitioner has not shown that his future teaching activities will have a significant national impact on the practice of dentistry in the United States”

AAO decision text

How the evidence was treated

• business plan · discounted

  “not supported by details showing their basis or an explanation of how those projections will be realized”

  AAO decision text
• recommendation letter · discounted

  “does not sufficiently demonstrate that the Petitioner's proposed endeavor has significant potential to employ U.S. workers”

  AAO decision text
• other · discounted

  “this shortage is likewise insufficient to demonstrate the national importance of any clinic or clinics”

  AAO decision text

Where this case turned

• Business plan speculative · p1 — projections without a documented basis or steps
• Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
• Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
• Local, not national scope · p1 — impact confined to clients / a region
• Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar

Notable

Petitioner raised a due process argument claiming the Director's denial deprived him of fair treatment under USCIS policy, the Constitution, and international treaties; the AAO rejected this, noting the Director had in fact addressed all three prongs. AAO declined to reach prongs 2 and 3 despite Director having also found against Petitioner on prong 3.

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
• Matter of L-A-C-

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