NIW Bearings
dismissedMAY062024_05B52032024-05-06 · appeal · 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 foreign-trained physician, proposed to provide comprehensive/integrative medical services to underserved and uninsured populations in the United States, while also having worked as a medical assistant instructor and volunteer health educator.

Field: medicine / integrative healthcare · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not sufficiently and consistently explain the Petitioner's specific endeavor to demonstrate the substantial merit and national importance of his proposed endeavor
generalized conclusory statements that do not identify a specific impact in the field have little probative value
the Petitioner's general assertions of working in the health care field do not establish that the Petitioner's proposed endeavor stands to sufficiently extend beyond his potential patients to impact the medical field more broadly
he has not demonstrated that his specific proposed endeavor has significant potential to employ U.S. workers or otherwise offer substantial positive economic effects

AAO decision text

How the evidence was treated

  • other · discounted
    generalized conclusory statements that do not identify a specific impact in the field have little probative value
    AAO decision text
  • recommendation letter · discounted
    the Petitioner's endeavor of providing his services to patients has both substantial merit and national importance
    AAO decision text
  • resume experience · discounted
    the record also indicates the Petitioner did not complete his degree in medicine until June 2016
    AAO decision text
  • other · ignored
    we will not consider it for the first time on appeal
    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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO declined to consider a newly claimed research assistant position raised for the first time on appeal, citing Matter of Katigbak and Matter of Izummi, and separately flagged multiple unresolved inconsistencies in the Petitioner's employment history (including working as a 'general doctor' before completing his medical degree) under the Matter of Ho standard, though these credibility issues were noted only in a footnote under prong two and not made dispositive since the appeal was resolved on prong one alone.

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)
  • Flores v. Garland
  • Matter of Ho
  • Matter of Izummi
  • Matter of Katigbak
  • Matter of L-A-C-

Cases in adjacent profiles