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 proposed to work in the healthcare field, later invoking a Florida state initiative to train and retain healthcare workers as support for national importance.
Field: healthcare · Read the decision (uscis.gov)
EB-2 threshold — not met
The Director found the Petitioner possessed an advanced degree but was not a member of the professions; the Petitioner did not challenge this on appeal and thus waived the issue, and the AAO reaffirmed it was not cured by the new CBS News evidence on motion.
Prong 1 — national importancenot established · dispositive
“we concluded that the Petitioner's proposed endeavor was not nationally important because they did not adequately describe its broader implications.”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”
AAO decision text - other · discounted
“the State of Florida's initiative does not absolve the Petitioner of the requirement to address all issues on appeal with specificity.”
AAO decision text - degree · ignored
“Issues or claims that are not raised on appeal are deemed to be "waived."”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
Notable
The decision is a combined motion to reopen/reconsider a prior AAO appeal dismissal, not a fresh substantive Dhanasar analysis; the AAO applies issue-waiver doctrine, holding the Petitioner's failure to contest the 'member of the professions' finding on appeal was not cured by new evidence (a CBS News article on a Florida healthcare workforce initiative) submitted on motion.
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. 103.5(a)(1)(i)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of Coelho
- Matter of O-S-G-
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