NIW Bearings
dismissedNOV182025_01B52032025-11-18 · 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 family nurse practitioner, proposed to open and operate a primary care medical services company using telemedicine technology, later expanding to in-person care, aiming to improve healthcare access and reduce health disparities.

Field: primary care nursing / telemedicine · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found the Petitioner qualifies as an advanced degree professional based on a master's degree in nursing, and the AAO agreed.

Prong 1 — national importancenot established · dispositive

the Petitioner improperly relies upon the importance of the industry and the profession as sufficient to establish the national importance of his proposed endeavor
the Petitioner's statements are not supported by evidence to establish his proposed endeavor will have a positive economic impact
the record does not establish the staffing levels, business activity, or location of the company stand to provide the economic impact Dhanasar requires

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not establish the staffing levels, business activity, or location of the company stand to provide the economic impact Dhanasar requires
    AAO decision text
  • media · discounted
    this article and proclamation do not further establish the proposed endeavor's national importance
    AAO decision text
  • degree · credited
  • other · discounted
    the record does not establish it will expand the impact of the Petitioner's proposed endeavor for it to rise to the level of national importance
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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Notable

AAO cites a footnote collecting circuit court authority (Flores v. Garland, joining Third, Ninth, Eleventh, D.C. Circuits) affirming the discretionary nature of NIW decisions. The AAO also highlights an internal contradiction: the Petitioner claimed the endeavor would generate 'thousands' of healthcare jobs, but the business plan itself projected only 11-13 jobs.

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

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner conflated industry/profession importance (telemedicine, nurse practitioners generally) with the specific endeavor's national importance, failing to show broader impact beyond his own patients.

Transferable lesson

Tie all evidence—economic, health-impact, or field-advancement claims—directly and quantitatively to the specific proposed venture, not to the general profession or industry it belongs to.

Endeavor framing

moderate

National-importance theory

public_health · economic_job_creation · economic_growth_generic

Evidence targeting

person_focused

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