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 nurse by training, proposed to develop and implement audit systems and strategic management frameworks to improve operational efficiency, financial sustainability, and quality of care at U.S. healthcare facilities, primarily through her own consulting business.
Field: healthcare administration/auditing (nursing background) · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner established an advanced degree via bachelor's plus five years progressive experience, but failed to show her intended occupation (healthcare support worker, nurse, or business owner) requires a bachelor's degree for entry, so she did not establish she is a member of the professions holding an advanced degree; exceptional ability was deemed waived as not raised.
Prong 1 — national importancenot established · dispositive
“the relevant question is not the importance of the field, industry, or profession in which the individual will work, but the specific endeavor”
“the Petitioner's evidence highlighted the challenges that the field faces and its importance, but this does not in and of itself establish the Petitioner's specific proposed endeavor stands to impact the broader field”
“SCOPS properly found the Petitioner did not explain the methods used for her estimates and calculations and did not establish through independent and objective evidence that her endeavor would offer the region a substantial economic benefit”
“SCOPS also acknowledged the Petitioner's letters and found that they provided broad uncorroborated assertions of the importance of the Petitioner's field and endeavor”
AAO decision text
How the evidence was treated
- resume experience · credited
- degree · credited
- recommendation letter · discounted
“provided broad uncorroborated assertions of the importance of the Petitioner's field and endeavor”
AAO decision text - media · discounted
“do not discuss her proposed endeavor and, without more, do not support her endeavor's national importance”
AAO decision text - business plan · discounted
“did not explain the methods used for her estimates and calculations and did not establish through independent and objective evidence”
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
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
Notable
AAO reversed SCOPS's favorable determination on the underlying EB-2 classification itself (finding the Petitioner's occupation does not meet the definition of a profession), even though SCOPS had granted that portion and only denied the waiver; the appeal was ultimately dismissed on prong 1 national importance grounds, with prongs 2 and 3 expressly reserved.
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)
- Buletini v. INS
- Flores v. Garland
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
Cases in adjacent profiles
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- The petitioner proposed to establish his own company providing specialized business consultancy, auditing, and training
- The petitioner proposed to work as a consultant engineer through his own company, specializing in development projects t
- The Petitioner proposed to start a project management consultancy in the United States that would help small and mid-siz
- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution