NIW Bearings
dismissedOCT022023_04B52032023-10-02 · 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 open a dental clinic (and eventually a network of clinics in Florida, California, and New York) offering affordable dental treatment and prevention services to underserved children, adolescents, and adults, while pursuing U.S. licensure.

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

EB-2 threshold — addressed

Director found and AAO did not dispute that Petitioner qualifies as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

the Petitioner has not shown that her proposed endeavor stands to sufficiently extend beyond her own proposed practice and its patients to impact the oral health field or the U.S. economy more broadly
A shortage of qualified professionals alone does not render the work of an individual dentist nationally important under the Dhanasar precedent decision.
The job creation and revenue projections included in the Petitioner's business plan are not supported by details showing their basis or an explanation of how those projections will be realized.
the relevant question is not the importance of the industry or profession in which the individual will work; instead, we focus on the "the specific endeavor"

AAO decision text

How the evidence was treated

  • business plan · discounted
    not supported by details showing their basis or an explanation of how those projections will be realized
    AAO decision text
  • media · discounted
    this evidence provides support for the Petitioner's claim that her proposed work has substantial merit
    AAO decision text
  • recommendation letter · discounted
    the expert opinion letter does not sufficiently demonstrate that the Petitioner's proposed endeavor has significant potential to employ U.S. workers
    AAO decision text
  • resume experience · discounted
    the Petitioner's expertise acquired through her education, training, and employment relates to the second prong of the Dhanasar framework
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • 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
1,312coded 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

AAO reserved discussion of prongs 2 and 3 (Director had found prong 2 met but prong 3 not met) since prong 1 failure alone was dispositive; case turned on distinguishing individual dental practice benefits from field-wide/national economic impact, and rejected shortage-of-dentists and job-creation-projection arguments as insufficiently substantiated.

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
  • INA 203(b)(2)
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles