NIW Bearings
dismissedNOV272023_03B52032023-11-27 · 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 Brazilian nurse, sought to establish her own U.S. company providing midwife and doula services to pregnant people and newborns, projecting business growth in revenue, profit, and employees over five years.

Field: midwifery and doula services · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO affirmed she qualified as an advanced degree professional based on a foreign bachelor's degree equivalency and over five years of progressive nursing experience.

Prong 1 — national importancenot established · dispositive

The projected size and scope of the Petitioner's business does not demonstrate national economic importance.
We recognize the value of midwives and doulas on the lives and health of pregnant people and their newborns, and we agree that the Petitioner's proposed endeavor has significant merit.
the Petitioner has not established that her venture would "more broadly" affect her field or the national economy.
the record does not demonstrate that the Petitioner's business would introduce advancements to the healthcare field.

AAO decision text

How the evidence was treated

  • business plan · discounted
    The projected size and scope of the Petitioner's business does not demonstrate national economic importance.
    AAO decision text
  • degree · credited
  • resume experience · credited
  • other · discounted
    we cannot consider it as part of the Petitioner's proposed endeavor.
    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
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

Notable

The Petitioner raised a new element of her endeavor (a doula training program) for the first time on appeal; AAO refused to consider it under the material-change rule of Matter of Izummi, and noted that even if considered, it lacked sufficient detail on size, scope, and funding.

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. 103.2(b)(1)
  • 8 C.F.R. 204.5(k)(2)
  • Matter of Izummi
  • Matter of L-A-C-

Cases in adjacent profiles