NIW Bearings
dismissedOCT132023_02B52032023-10-13 · 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.

A Brazilian-trained nurse who founded a U.S. company through which she intended to work as a 'nursing management specialist,' providing management and guidance to nursing departments at U.S. hospitals and healthcare facilities.

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

EB-2 threshold — addressed

AAO reversed the Director's finding; Petitioner established more than five years of progressive post-baccalaureate experience, qualifying as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

The Petitioner has not sufficiently demonstrated that her specific endeavor would have national implications for the healthcare field or the economy.
Even if these projections are realistic, however, the record does not establish that they are nationally significant or that the business would benefit an economically depressed area.
The expert opinion letters do not state that the Petitioner's specific venture - by itself- would significantly affect the U.S. healthcare field or economy.
For the foregoing reasons, the Petitioner has not demonstrated that her proposed endeavor has national importance.

AAO decision text

How the evidence was treated

  • resume experience · credited
  • business plan · discounted
    the record does not establish that they are nationally significant or that the business would benefit an economically depressed area
    AAO decision text
  • recommendation letter · discounted
    the letters describe her endeavor as contributing to the improvement of U.S. healthcare
    AAO decision text
  • degree · credited

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO reversed the Director on the threshold advanced-degree issue, finding the Director wrongly perceived a conflict between two employer letters describing the Petitioner's CSSD nursing work, but still dismissed on national importance alone, expressly declining to reach prongs 2 and 3.

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(g)(1)
  • 8 C.F.R. 204.5(k)(2)
  • Matter of Ho
  • Matter of L-A-C-

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