NIW Bearings
dismissedNOV202024_07B52032024-11-20 · 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, a clinical psychologist, proposed to manage and expand a psychology clinic in Florida, providing psychological care and overseeing other psychologists, with plans to open additional franchise clinics.

Field: clinical psychology / mental health services · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not dispute, that Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

the Petitioner has not demonstrated that her undertaking will have implications beyond her patients that rise to the level of national importance
It is insufficient to claim an endeavor has national importance or will create a broad impact without providing evidence to corroborate such claims
the Petitioner's revenue and staffing goals fail to demonstrate that her clinic would provide substantial economic benefits to Florida, the region, or the broader U.S. economy at a level commensurate with national importance
It is also important to note that the shortage of healthcare professionals does not render the Petitioner's proposed endeavor nationally important under the Dhanasar framework
the relevant question is not the importance of the industry or profession in which the individual will work

AAO decision text

How the evidence was treated

  • business plan · discounted
    does not show how these revenue and employment projects, even if plausible, have significant potential to employ U.S. workers
    AAO decision text
  • recommendation letter · ignored
  • other · discounted
    such shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process
    AAO decision text

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
  • 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

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
  • Matter of L-A-C-

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