NIW Bearings
dismissedNOV212023_03B52032023-11-21 · 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 dentist, proposed to continue practicing general dentistry, clinical care, and advanced oral surgery in the United States, including instructing other dentistry professionals.

Field: dentistry / oral surgery · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“she has not shown that her proposed instructional work offers broader implications for her field, as opposed to being limited to those individuals who receive her oral surgery guidance.”
“she has not demonstrated that her proposed work has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.”
“the Petitioner has not established that her proposed endeavor stands to impact or significantly reduce the claimed national shortage.”
“In determining national importance, the relevant question is not the importance of the field, industry, or profession in which the individual will work”
“she has not shown that her proposed dentistry work stands to sufficiently extend beyond her future patients and professional trainees to impact the dentistry field”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “relate to the second prong of the Dhanasar framework, which shifts the focus from the proposed endeavor to the foreign national”
    AAO decision text
  • other · discounted
    “it is not sufficient to demonstrate her undertaking's national importance”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO cites its own prior treatment of teaching activities in Dhanasar itself as precedent against instructional-work national importance claims. Also rejects 'talent shortage' argument by noting labor certification process is the proper channel for addressing worker shortages.

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.

  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles