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, who works as a medical assistant, sought an EB-2 national interest waiver based on the general importance of the medical field and the role of medical assistants.
Field: medical assisting / healthcare · Read the decision (uscis.gov)
EB-2 threshold — not met
The Director found the occupation of medical assistant does not meet the statutory definition of a 'profession' because it does not require a U.S. baccalaureate degree or foreign equivalent; the Petitioner did not contest this on appeal, so the issue was waived and dispositive.
Prong 1 — national importancenot established
“in determining national importance, the relevant question is not the importance of the field, industry, or profession in which a petitioner may work”
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her current and prospective employers and/or patients to impact the field more broadly”
AAO decision text
How the evidence was treated
- degree · discounted
“the Director did conclude she holds an advanced degree, but rather was not a member of the professions”
AAO decision text
Where this case turned
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
Notable
The appeal was dismissed primarily on a waiver ground: the Petitioner's brief addressed only her Dhanasar eligibility and failed to contest the Director's finding that medical assistant is not a 'profession,' so that threshold issue was deemed waived and dispositive 'on this basis alone.' The AAO nonetheless proceeded to analyze prong one in the alternative and found it unmet, reserving the remaining Dhanasar prongs.
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
- INA 203(b)(2)
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp