NIW Bearings
dismissedNOV042021_01B52032021-11-04 · 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 nurse, proposed to continue working as a nurse in a Florida hospital, eventually pursuing further education and leadership roles while helping fill a national nursing shortage.

Field: nursing · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found and AAO did not dispute that Petitioner qualifies as an advanced degree professional based on foreign nursing degree and five years of progressive experience.

Prong 1 — national importancenot established · dispositive

the record does not establish by a preponderance of the evidence that the Petitioner's patient work would impact the field of nursing or the U.S. healthcare industry more broadly, as opposed to being limited to the specific patients and workplace she serves
these arguments focus on the field of nursing and healthcare as a whole, notthe Petitioner's specific proposed endeavor
The Petitioner has not suggested that her work will resolve the national nursing shortage, nor has she explained what specific impact her work would have on reducing such a shortage
none of the letters offers persuasive detail concerning the Petitioner's proposed endeavor or how it would be nationally important
the Petitioner has not offered sufficient information or evidence regarding any projected impact on the national nursing shortage or U.S. taxes that would be attributable to her future work

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    none of the letters offers persuasive detail concerning the Petitioner's proposed endeavor or how it would be nationally important
    AAO decision text
  • resume experience · discounted
    her success would still be limited to the patients and employers she serves
    AAO decision text
  • other · discounted
    Neither [the professor] nor the Petitioner offered sufficient evidence to address the shortcomings identified by the Director
    AAO decision text
  • motion resubmission · ignored
    this evidence does not address the evidentiary shortcomings in the record concerning the national importance requirement
    AAO decision text
  • degree · credited

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

AAO refused to recognize the person who filed the appeal as counsel because he did not provide evidence of law license eligibility, and stated the decision would be sent only to the Petitioner, not to him.

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. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Poursina v. USCIS

Cases in adjacent profiles