NIW Bearings
dismissedMAR242026_03B52032026-03-24 · appeal

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 in veterinary medicine, initially describing herself as a practicing veterinarian offering diagnostic imaging, ultrasound, surgical, and consulting services, but later reframing the endeavor as a trainer/systems designer implementing a replicable mobile veterinary diagnostic imaging methodology for underserved areas.

Field: veterinary medicine · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found the Petitioner established EB-2 advanced degree eligibility; AAO reserved further determination on this point since the petition failed on prong 1.

Prong 1 — national importancenot established · dispositive

the record contains unresolved, inconsistent statements on whether the Petitioner's proposed endeavor will be as a veterinarian or as a "training and systems designer" in the veterinary field
the Petitioner improperly relies upon the importance of the industry to further establish the national importance of her proposed endeavor without establishing the impact of her proposed endeavor on these "sector-wide problems."
a shortage of qualified professionals does not render the work of an individual veterinarian nationally important under the Dhanasar decision
the record does not support these assertions with corroborating evidence
the record only establishes that the Petitioner will deploy her proposed endeavor in Florida and does not specify any particular areas

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    this letter is based on the Petitioner's initial proposed endeavor as a veterinarian and is therefore inconsistent with the record as a whole
    AAO decision text
  • other · discounted
    does not directly address the Petitioner's professional plan, her methodology, or the broader implications of her specific proposed endeavor
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
2,501coded 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 found the record internally inconsistent as to the actual nature of the endeavor: the Petitioner shifted from describing herself as a practicing veterinarian to a 'training and systems designer' in response to the RFE, and the AAO treated this as two different endeavors requiring separate evidence, undermining the 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
  • 8 C.F.R. 103.5
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of Ho

What this case teaches

Analyst reading of the decision text.

Decisive factor

Unresolved inconsistencies about what the endeavor actually was, combined with no evidence tying the specific endeavor to broader national-scale impact beyond direct clients.

Transferable lesson

Fix the endeavor's description before filing and supply evidence quantifying that specific endeavor's broader impact, not just field-wide statistics or credentials.

Endeavor framing

vague

National-importance theory

public_health · geographic_or_shortage_area · economic_job_creation · field_advancement

Evidence targeting

person_focused

Cases in adjacent profiles