NIW Bearings
dismissedMAR062023_05B52032023-03-06 · 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 alternately described her proposed endeavor as working as a 'Medical Scientist' conducting dental-related research and as opening/operating a dental clinic in the United States, without reconciling the two.

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

Prong 1 — national importancenot established · dispositive

The Petitioner did not sufficiently describe the prospective research in the dental field that she intends to conduct
Without sufficient detail, we cannot accurately analyze the proposed endeavor to determine if it has substantial merit or national importance under the first prong.

AAO decision text

Prong 2 — well positionednot established · dispositive

Therefore, we conclude that she meets neither the first nor second prong

AAO decision text

Prong 3 — balance of factorsnot established

she has not established, on balance, waiving the job offer requirement would benefit the United States

AAO decision text

How the evidence was treated

  • business plan · discounted
    she does not explain how the evidence of her planned dental practice relates to this endeavor
    AAO decision text
  • other · discounted
    The Petitioner has not resolved the discrepancies in the record regarding her proposed endeavor.
    AAO decision text

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Endeavor too vague · p2described as a job role, not a defined undertaking
  • Derivative of Prong 1/2 failure · p3prong three fails only because prongs one or two did — no independent ground
1,581coded 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 dismissed the appeal primarily because the Petitioner never resolved a fundamental inconsistency between two entirely different proposed endeavors (medical scientist/researcher vs. dental clinic operator/entrepreneur) despite two RFEs; the decision treats this as a threshold definitional failure that forecloses meaningful analysis of any Dhanasar prong, framing the change as a potential impermissible 'material change' to the petition under Matter of Izummi.

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. 103.2(b)(12)
  • 8 C.F.R. 103.2(b)(8)
  • 8 C.F.R. 103.3
  • Matter of Ho
  • Matter of Izummi
  • Matter of Katigbak
  • Poursina v. USCIS

Cases in adjacent profiles