dismissedNOV222023_02B52032023-11-22 · 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 nurse auditor, proposed to continue work auditing healthcare organizations for cost savings and quality improvement, framed as advancing the national interest through improved healthcare efficiency.

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

EB-2 threshold — not met

AAO found unresolved inconsistencies in the Petitioner's claimed employment history (simultaneous jobs, conflicting dates and employer/business relationships), concluding the record insufficient to establish five years of progressive post-baccalaureate experience required for the advanced degree professional classification.

Prong 1 — national importancenot established · dispositive

“the Petitioner improperly relies upon the importance of the industry and profession, which the articles and reports demonstrate, as sufficient to establish the national importance of her proposed endeavor.”

“the Petitioner's accomplishments relate to the results she achieved on specific projects or for specific employers/clients but are not indicative of broader implications to the field.”

“Generalized conclusory statements that do not identify a specific impact in the field have little probative value.”

AAO decision text

How the evidence was treated

recommendation letter · discounted
“Generalized conclusory statements that do not identify a specific impact in the field have little probative value.”
AAO decision text
resume experience · discounted
“The Petitioner must resolve these inconsistencies with independent, objective evidence pointing to where the truth lies.”
AAO decision text
other · discounted
“the industry articles and reports, does not reference the Petitioner's specific proposed endeavor.”
AAO decision text

Where this case turned

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
Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact

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Notable

AAO adopted and affirmed the Director's prong-one analysis but also independently raised a threshold EB-2 eligibility issue not addressed by the Director, finding credibility problems with the Petitioner's claimed work history (simultaneous conflicting employment records) sufficient to undermine the progressive-experience requirement, though this finding was not the stated basis for dismissal. The appeal presented no new evidence or arguments beyond those before the Director.

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.

Buletini v. INS
Chen v. INS
Matter of Ho
Matter of L-A-C-
Matter of V-K-

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