dismissedMAR182025_05B52032025-03-18 · 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 proposed to work as a sales and commercial representative (and entrepreneur) for hospital and pharmaceutical products, initially as lead commercial representative for a Brazilian pharmaceutical/hospital products company seeking to hire him, in the Florida area.
Field: pharmaceutical and hospital products sales/commercial representation · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found, and AAO did not disturb, that the Petitioner qualifies as a member of the professions holding an advanced degree.
Prong 1 — national importancenot established · dispositive
“the focus in determining national importance is on the proposed endeavor”
“a shortage of professionals alone does not render the Petitioner's proposed endeavor nationally important under the Dhanasar framework”
“shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process”
“the Petitioner does not offer specific, well-documented projections for the proposed endeavor itself that might establish its prospective impact”
“It is insufficient to claim an endeavor has national importance or would create a broad impact without providing evidence to substantiate such claims”
“the Petitioner has not demonstrated how the potential prospective impact of his proposed endeavor stands to offer broader implications in his industry”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“reflect the Petitioner's skill and expertise in the field”
AAO decision text - resume experience · discounted
“petitioner's experience and efficacy, and the overall likelihood of success, is relevant to the second prong”
AAO decision text - other · discounted
“does not offer specific, well-documented projections for the proposed endeavor itself”
AAO decision text - other · ignored
“does not identify the specific initiatives that his proposed endeavor aligns with or supports”
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 explicitly rejects occupational shortage/labor certification argument by noting DOL's labor certification process addresses worker shortages, distinguishing that issue from national importance analysis.
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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