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 pediatrician, proposed to work as a pediatrician in a U.S. hospital, pursue a research fellowship and medical residency, and eventually open her own pediatric medical office.
Field: pediatric medicine · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO agreed with the Director's RFE conclusion that the Petitioner's foreign medical degree was equivalent to a U.S. advanced/first professional degree, establishing EB-2 eligibility.
Prong 1 — national importancenot established · dispositive
“we agree with the Director's statement that the record lacks a detailed description of the proposed endeavor in this matter”
“the Petitioner's reliance on broad, unsupported statements concerning the healthcare industry in the United States is insufficient to establish the substantial merit of her proposed endeavor”
“she has not demonstrated with supporting evidence how her work as a pediatrician would result, directly or indirectly, in the widespread economic and healthcare impacts she claims”
“the Petitioner has not established that her proposed endeavor as a pediatrician would have broader implications in the healthcare industry”
AAO decision text
How the evidence was treated
- business plan · discounted
“these include broad statements about the health care industry or details about the Petitioner's career, not specific information”
AAO decision text - recommendation letter · ignored
“this evidence pertains not to the national importance of her proposed endeavor, but to her ability to advance that endeavor”
AAO decision text - resume experience · ignored
“this evidence pertains not to the national importance of her proposed endeavor, but to her ability to advance that endeavor”
AAO decision text - other · discounted
“statistics concerning the health care industry in general are given without any supporting evidence”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- 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
Notable
AAO cites a Fifth Circuit case (Flores v. Garland) in a footnote regarding the discretionary nature of NIW decisions, and explicitly contrasts the Petitioner's vague research plans with the detailed hypersonic propulsion research plan in Dhanasar itself.
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
- 8 C.F.R. 204.5(k)(2)
- Matter of L-A-C-
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