NIW Bearings
dismissedMAY302025_03B52032025-05-30 · 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, a dentist by training, ultimately claimed her proposed endeavor was to serve as owner and CEO of a dental and healthcare management consulting company, after earlier describing herself as a practicing 'Dentist/Dental Surgeon' and educator in orofacial harmonization.

Field: dentistry / dental and healthcare business consulting · Read the decision (uscis.gov)

EB-2 threshold — not met

Contrary to SCOPS' finding, AAO found the record did not establish an advanced degree: the foreign degree (business administration) was, at best, bachelor's-equivalent, and the record did not show five years of progressive specialty experience because recommendation letters did not describe duties and addressed dentistry skills rather than business administration experience.

Prong 2 — well positionednot established · dispositive

“Although the Petitioner may have education and experience related to dentistry field, it does not establish her skills and knowledge as the owner and CEO of a dental and healthcare management consulting company.”
“the record does not contain additional corroborating evidence regarding [the Brazil company]”
“the Petitioner's own statements are not sufficient to establish her ownership, role, and experience in the business.”
“SCOPS concluded that the Petitioner's business plan lacked specificity on startup costs, enough funding to cover the company's expenses, interest of potential clients”
“no additional documents were submitted to corroborate these statements”
“we accord it no weight as we cannot determine whether it supports their claim.”
“the record does not establish the Petitioner has otherwise sufficiently made progress toward advancing the endeavor.”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “the letters do not describe the Petitioner's duties for the positions she held”
    AAO decision text
  • business plan · discounted
    “the record does not establish the Petitioner has otherwise sufficiently made progress toward advancing the endeavor.”
    AAO decision text
  • funding · discounted
    “we accord it no weight as we cannot determine whether it supports their claim.”
    AAO decision text
  • resume experience · discounted
    “the Petitioner's own statements are not sufficient to establish her ownership, role, and experience in the business.”
    AAO decision text
  • degree · discounted
    “the record does not establish five years of progressive experience in the specialty.”
    AAO decision text
All 6 evidence items
  • certification membership · discounted
    “it does not establish her skills and knowledge as the owner and CEO of a dental and healthcare management consulting company.”
    AAO decision text

Where this case turned

  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Business plan speculative · p2 — projections without a documented basis or steps
  • Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
  • Funding absent · p2 — no documented funding or resources behind the plan
  • No progress evidence · p2 — no documented movement toward the endeavor since filing
  • Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable

AAO identified an unaddressed material-change problem: the petitioner's stated endeavor shifted from practicing dentist to CEO of a management consulting firm introduced only in RFE response, but declined to resolve it or reach EB-2 classification/prong one, resolving the appeal solely on prong two. A recommendation letter contained internal inconsistencies (wrong year, referred to petitioner as 'him'), and the petitioner's claimed business ownership in Brazil was shown by the record to actually belong to her husband.

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. 103.2(b)(1)
  • 8 C.F.R. 103.2(b)(12)
  • 8 C.F.R. 103.2(b)(3)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(g)(1)
  • Flores v. Garland
  • Matter of Izummi
  • Matter of Katigbak
  • USCIS Policy Manual F.5(D)(1)

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