dismissedNOV202024_05B52032024-11-20 · appeal · Texas 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 sought to establish and operate a dental practice offering innovative dental implant procedures at multiple U.S. locations, employing approximately 40 individuals over five years.
Field: dentistry · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the record did not sufficiently demonstrate the prospective impact of the Petitioner's proposed endeavor extended beyond the Petitioner's business intentions, employer, or clients”
“It is also important to note that the shortage of dentistry professionals does not render the Petitioner's proposed endeavor nationally important under the Dhanasar framework.”
“the record does not include sufficient evidence showing any projected U.S. economic impact or job creation directly attributable to his proposed endeavor”
“the relevant question is not the importance of the industry or profession in which the individual will work”
“the record does not include a plan or other indication of how the Petitioner will operate a dental practice that will impact businesses or the economy at the level of national importance”
AAO decision text
How the evidence was treated
- business plan · discounted
“the record does not include a plan or other indication of how the Petitioner will operate a dental practice that will impact businesses or the economy”
AAO decision text - resume experience · discounted
“such evidence addresses the Petitioner's knowledge, skills, education, and experience; these are considerations under Dhanasar's second prong”
AAO decision text - recommendation letter · discounted
“such evidence addresses the Petitioner's knowledge, skills, education, and experience; these are considerations under Dhanasar's second prong”
AAO decision text - other · discounted
“he has not shown that the program confirms the national impact of her proposed endeavor”
AAO decision text
Where this case turned
- Business plan speculative · p1 — projections without a documented basis or steps
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- 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
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable
AAO discusses SBA HUBZone program certification argument in detail, finding it inapplicable because Petitioner did not show his business was HUBZone-certified or tied to federal contracts.
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.
- Flores v. Garland
- Matter of L-A-C-
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