dismissedMAR122024_03B52032024-03-12 · 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, an experienced nurse specializing in neonatology and pediatrics, sought to continue providing specialized nursing services in the United States.
Field: nursing (neonatology and pediatrics) · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner has not established that her endeavor will have an impact that extends beyond her future patients, co-workers, and employer(s) to the broader field of nursing or healthcare”
“a nursing shortage in the United States does not render her proposed endeavor nationally important under the Dhanasar framework”
“she does not provide evidence regarding the projected U.S. economic impact or job creation directly attributable to her future work”
“she does not substantiate how her specific endeavor would reduce the physician shortage at a level commensurate with national importance”
AAO decision text
How the evidence was treated
- resume experience · discounted
“the Petitioner's expertise and record of success in previous positions are considerations under Dhanasar's second prong”
AAO decision text
Where this case turned
- 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
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Notable
AAO noted a factual dispute: Petitioner claimed the RFE stated she was found eligible for the classification, but AAO stated it found no such statement in the RFE; underlying EB-2 classification eligibility was reserved and not decided.
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
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