dismissedMAR252024_02B52032024-03-25 · motion_reconsider · Nebraska 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, a registered nurse, proposed to provide nursing care and administrative services to the elderly and those with special needs or mobility impairments by implementing her own unique elderly-care protocol.
Field: nursing / elderly care · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“we concluded that the record did not establish the national importance of her proposed endeavor, as required by the first prong of the Dhanasar framework”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“her statement is fundamentally identical to her appellate brief and contains no reference to our August 31, 2023 decision”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
This is a motion to reconsider, not a merits appeal; the AAO dismisses solely on procedural grounds because the Petitioner merely repeated her appellate brief without identifying any legal or factual error in the prior decision. The AAO expressly reserves opinion on prongs 2 and 3, having found prong 1 dispositive in the earlier appeal decision (not reproduced here).
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. 103.5
- Flores v. Garland
- Matter of L-A-C-
- Matter of O-S-G-
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